Rotherham Metropolitan Borough Council
- Date 29 November 2022
- Sector Local government
- Decision(s) EIR 12.5.b: Not upheld, EIR 5.2: Not upheld
The complainant has requested all documentation the council holds relating to the accessway and access rights at the Grange Park Droppingwell, Kimberworth which includes maps, written correspondence between the council and landowners who have access to the site, details of advice the council has sort from professionals including costs and any other documentation that mentions this access.
The Commissioner’s decision is that regulation 12(5)(b) of EIR is fully engaged and that Rotherham Metropolitan Borough Council (“RMBC”) is entitled to rely on regulation 12(5)(b)- of the EIR to withhold the requested information. However, RMBC breached reg 5(2) of EIR as it failed to issue its refusal notice within 20 working days.
The Commissioner does not require RMBC to take any further steps.