Bracebridge Heath Parish Council

The complainant has requested information relating to the creation of a draft neighbourhood plan. Bracebridge Heath Parish Council refused the request as vexatious. The Commissioner’s decision is that the Parish Council should have handled the request under the EIR but that the request was vexatious and thus manifestly unreasonable. She therefore considers that the Parish Council was entitled to rely on regulation 12(4)(b) to refuse the request. However, as the Parish Council should have handled the request under the EIR, it should also have carried out an internal review (reconsideration) of its response. It therefore breached regulation 11 of the EIR in responding to the request. The Commissioner does not require any further steps to be taken.