Folkestone & Hythe District Council
- Date 30 March 2021
- Sector Local government
- Decision(s) EIR 11.4: Upheld, EIR 5.1: Upheld, EIR 5.2: Upheld
The complainant has requested information relating to the development of Princes Parade, Hythe. The council provided some information however the complainant argued that further information must be held. During the course of the Commissioner's investigation the council located further information and did not apply any exceptions. It did not, however, respond to the Commissioner when asked to either specify whether it was relying up on an exception, or to disclose the information to the requestor. The Commissioner’s decision is that the council has failed to comply with the requirements of Regulation 5(1) in that it has not provided information falling within the scope of the request to the complainant. She has also decided that it has failed to comply with the requirements of Regulation 5(2) in that it has not provided that information within 20 workings days, as required. She has also decided that the council did not comply with the requirements of Regulation 11(4) in that it did not provide its review response within 40 working days. The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation. To disclose the 10 documents it located to the complainant.