London Borough of Waltham Forest

The complainant requested information from the London Borough of Waltham Forest (“the Council”) relating to experimental traffic order (ETO) schemes. The Council refused to provide the requested information citing section 12(1) (cost limit) of the FOIA. The Council later accepted the Commissioner’s view that the information is environmental and therefore relied on regulation 12(4)(b) (manifestly unreasonable) of the EIR. The Commissioner’s decision is that the Council has failed to demonstrate that regulation 12(4)(b) is engaged and therefore, is not entitled to rely on this exception. The Commissioner requires the Council to take the following steps to ensure compliance with the legislation: Issue a fresh response to the request that does not rely on regulation 12(4)(b) of the EIR.