Bath and North East Somerset Council

The complainant requested from Bath and North East Somerset Council (“the Council”) information relating to a specific planning application. The Council provided some information within the scope of the request but withheld the remainder citing section 40(1), section 40(2) of the FOIA and regulation 12(3) of the EIR. Whilst the Council has handled the request under both the FOIA and the EIR, the Commissioner considers the requested information to be environmental and therefore, the Council should have handled the request solely under the EIR. Furthermore, the Commissioner considers the requested information to be the personal data of the complainant. He has therefore, used his discretion to consider whether the Council is entitled to rely on regulation 5(3) of the EIR to refuse to provide the requested information. The Commissioner’s decision is that the Council is entitled to rely on regulation 5(3) to refuse to provide the requested information. He does not require the Council to take any steps.