Tunbridge Wells Borough Council
- Date 12 February 2020
- Sector Local government
- Decision(s) EIR 12.4.b: Not upheld, EIR 14.3.a: Upheld, EIR 14.3.b: Upheld, EIR 9.1: Not upheld
The complainant has requested information about a local building development. Tunbridge Wells Borough Council (‘TWBC’) disclosed some information, but said that it was not required to comply with the request on the grounds that it was manifestly unreasonable within the meaning of regulation 12(4)(b) of the EIR. The Commissioner’s decision is that TWBC was entitled to refuse the request under regulation 12(4)(b) of the EIR. She also decided that the level of advice and assistance provided by TWBC complied with the requirements of regulation 9(1) of the EIR. However, she found that because TWBC failed to specify to the complainant the EIR exception under which it was refusing the request, or to explain to him its consideration of the public interest, TWBC breached regulations 14(3)(a) and (b) of the EIR.