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Redcar and Cleveland Borough Council

  • Date 17 November 2022
  • Sector Local government
  • Decision(s) EIR 12.4.a: Not upheld, EIR 14 2: Upheld, EIR 5.2: Upheld

The complainant has made two requests for information held by Redcar and Cleveland Borough Council (the council) about the legal status of a particular piece of land, and associated matters. The Commissioner is satisfied that the council does not hold information relevant to Request 1, and therefore regulation 12(4)(a) of the EIR is engaged. The Commissioner has also decided that regulation 12(4)(a) of the EIR can be applied to part of Request 2, as some of the requested information is not held. The Commissioner is also satisfied that, on the balance of probabilities, the council has provided all the information that it does hold that is relevant to Request 2. As the council failed to issue a refusal notice within 20 working days in respect of Request 1, and part of Request 2, within the required statutory time period, the Commissioner has found a breach of Regulation 14(2) of the EIR. The Commissioner has also found a breach of regulation 5(2) of the EIR in respect of Request 2, as the council failed to supply all the information that it held within the required statutory time period. The Commissioner does not require the council to take any steps as a result of this decision notice. First-tier tribunal (General Regulatory chamber) information rights appeal EA/2022/0427 appeal dismissed.