Sandwell Metropolitan Borough Council
- Date 28 February 2023
- Sector Local government
- Decision(s) EIR 11.4: Upheld, EIR 12.4.e: Upheld, EIR 12.5.e: Upheld, EIR 13.1: Not upheld, EIR 5.2: Upheld
The complainant requested from Sandwell Metropolitan Borough Council information in connection with a planning application submitted by Network Rail. Sandwell Metropolitan Borough Council has disclosed some of the requested information but withheld the remainder under Regulations 12(4)(e), 12(5)(e) and 13(1) of the EIR. The Commissioner’s decision is that Sandwell Metropolitan Borough Council has correctly applied Regulation 13(1) to the third-party personal data redacted but has failed to successfully apply Regulations 12(4)(e) and 12(5)(e) of the EIR. Sandwell Metropolitan Borough Council has also breached Regulations 5(2) and 11(4) of the EIR. The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation. Disclose the information withheld under Regulations 12(4)(e) and 12(5)(e) of 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.