Lancashire County Council
- Date 11 January 2021
- Sector Local government
- Decision(s) EIR 12.4.b: Not upheld, EIR 14 2: Not upheld
The complainant requested noise monitoring data in relation to the construction of a road near their property. Lancashire County Council initially stated that it did not hold the data requested however it subsequently changed the response to cite regulation 12(4)(b) to withhold the information. The Commissioner’s decision is that Lancashire County Council is entitled to rely upon regulation 12(4)(b) and that the public interest rests in maintaining this exception. However the Commissioner finds that the council breached regulation 14(2) in its handling of the request. The Commissioner does not require any steps.