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Gravesham Borough Council

  • Date 29 September 2022
  • Sector Local government
  • Decision(s) EIR 12.4.a: Not upheld

The complainant requested the outcome of an independent review regarding a planning application. Gravesham Borough Council (‘the Council’) originally refused the request on the basis that it was vexatious, citing section 14(1) FOIA. However, following the Commissioner’s investigation, it confirmed that the information is not held. The Commissioner’s decision is that the Council should have considered the request under the Environmental Information Regulations 2004 (‘the EIR’). The Commissioner has also concluded that, on the balance of probabilities the Council does not hold the requested information.