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Hastings Borough Council

  • Date 29 January 2020
  • Sector Local government
  • Decision(s) FOI 5: Upheld

The complainant has requested information held that relates to any consultations that may have taken place between Hastings Borough Council (the council) and East Sussex Fire and Rescue Service (ESFRS) about a particular site licence. The council issued a refusal notice confirming that it was withholding the information requested under regulation 12(5)(e) of the EIR. However, during the course of the Commissioner’s investigation, the council disclosed some information to the complainant. The Commissioner is satisfied that, on the balance of probabilities, the council has now provided all the information that it holds that is relevant to the complainant’s request, and has therefore complied with regulation 5(1) of the EIR. However, it is the Commissioner decision that the council has breached regulation 5(2) of the EIR as it failed to provide the requested information within the statutory time limit. The Commissioner does not require the council to take any steps as a result of this decision notice.