South Staffordshire Council
- Date 15 September 2022
- Sector Local government
- Decision(s) EIR 12.4.a: Upheld, EIR 12.5.b: Not upheld, EIR 5.1: Upheld
The complainant requested from Cheshire West and Chester Council copies of the documents submitted to the planning enforcement team by the landowners in relation to the alleged lawful use of the site. Cheshire West and Chester Council withheld the entirety of the requested information under Regulation 12(5)(b) of the EIR on the basis that it related to a live and ongoing planning enforcement case and disclosure would adversely affect its investigation and therefore the course of justice. The Commissioner’s decision is that Cheshire West and Chester Council has successfully engaged Regulation 12(5)(b) of the EIR and therefore does not require it to take any steps to ensure compliance with the legislation. However, the Commissioner does find that Cheshire West and Chester Council breached Regulations 14(2) and 11(4) of the EIR by failing to respond to the complainant’s initial request within 20 working days and her internal review request within 40 working days respectively.