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Witherley Parish Council

  • Date 1 March 2022
  • Sector Local government
  • Decision(s) EIR 12.4.b: Not upheld

The complainant has requested information with regards to a Neighbourhood Development Plan. Witherley Parish Council (the council) provided some information, then following two internal review requests, the council issued a refusal notice citing section 14(1) of the Freedom of Information Act (the FOIA) – vexatious request. The Commissioner’s decision is that the request fell under the EIR and accordingly found that regulation 12(4)(b) of the EIR – manifestly unreasonable - was engaged and that the public interest favours maintenance of the exception. The Commissioner does not require any steps, but has set out some points in the ‘other matters’ section of this decision notice for both parties to note. First-tier tribunal (General Regulatory chamber) information rights appeal EA/2022/0068 appeal allowed.