Maidstone Borough Council
- Date 16 November 2020
- Sector Local government
- Decision(s) EIR 12.4.a: Not upheld, EIR 12(4): Not upheld, EIR 5.1: Not upheld
The complainant requested from Maidstone Borough Council (“the Council”) information relating to the proposed garden community development at Lenham Heath. The Council stated that it did not hold information to some parts of the request. It also refused to disclose information under regulations 12(4)(b) and 12(5)(e) of the EIR to the remaining parts of the request.
The Commissioner’s decision is that, on the balance of probabilities, the Council did not hold information to some parts of the request, and that it complied with the requirements of regulation 9 (advice and assistance) of the EIR. The Commissioner also decided that the Council has correctly applied regulations 12(4)(b) and 12(5)(e) to the remaining parts of the request. Therefore, the Commissioner does not require the Council to take any steps as a result of this decision.