North Lincolnshire Council
- Date 9 November 2022
- Sector Local government
- Decision(s) EIR 2(1)(c): Upheld
The complainant has requested a copy of a traffic survey report from North Lincolnshire Council (the Council).
The Commissioner’s decision is that the requested information is environmental information within the definition at regulation 2(1)(c) of the EIR. The request should, therefore, have been handled under the EIR rather than the FOIA. He also notes that the Council has failed to carry out an objective reading of the request as the complainant did not request a copy of the ‘Local Transport Plan’.
The Commissioner requires the Council to take the following steps to ensure compliance with the legislation:
Reconsider the request and its scope under the provisions of the EIR and issue a fresh response to the complainant.