Cotswold District Council

The complainant has requested information with regards to a planning application. The council refused the request under section 21 of the Freedom of Information Act 2000 (the FOIA) – information reasonably accessible by other means. The Commissioner’s decision is that the request falls under the EIR and they should have dealt with it as such. The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation. Issue a fresh response to the complainant’s request in accordance with the EIR. The public authority must take these steps within 35 calendar days of the date of this decision notice. Failure to comply may result in the Commissioner making written certification of this fact to the High Court pursuant to section 54 of FOIA and may be dealt with as a contempt of court.