Hastings Borough Council
- Date 26 February 2020
- Sector Local government
- Decision(s) EIR 11.4: Upheld, EIR 12.5.e: Not upheld, EIR 14.2: Upheld
The complainant has requested information held relating to the establishment of certain conditions that were included within a specific site licence about the stabilisation of that site. The Commissioner’s decision is that the council is entitled to rely on regulation 12(5)(e) of the EIR as its basis for withholding the information relevant to the request, and that the public interest rests in favour of maintaining this exception. However, the Commissioner has found that the council has breached regulation 14(2) by failing to issue a refusal notice within 20 working days. In addition, the council has also breached regulation 11(4) by failing to provide its internal review response within the required 40 working days. The Commissioner does not require the council to take any steps as a result of this decision notice.