Skip to main content

Plymouth City Council

  • Date 29 October 2021
  • Sector Local government
  • Decision(s) EIR 12.4.a: Partly upheld, EIR 5.2: Upheld, EIR 6.1: Not upheld

The complainant requested information relating to Davenport Energy from Waste Facility in Plymouth. Plymouth City Council (the council) initially declared the request vexatious. However, on review it provided some information and said that other information is not held. The complainant believes that more information is held, that some of the information which was disclosed is inaccurate, and that the council has not responded to all of his requests and questions. The Commissioner’s decision is that the council has not complied with the requirements of Regulation 5(1) in that it has not responded to some sections of the complainant’s request for information. She has also decided that the council did not comply with Regulation 5(2) in that it did not provide this information within 20 working days after the date of receipt of the request. However, she also finds that the council was correct to apply Regulation 6(1) to refuse to provide information in response to some of the requests in the format requested. She has also decided that no further information is held in response to some parts of the request for the purposes of Regulation 12(4)(a). The Commissioner requires the council to take the following steps to ensure compliance with the legislation. First-tier tribunal (General Regulatory chamber) information rights appeal EA/2021/0328 appeal struck out. Information Tribunal UT UA-2023-001938-GIA & UA-2023-001943-GIA PTA refused.