Royal Borough of Kingston upon Thames

The complainant has requested information regarding resident’s responses to a planned development. The Commissioner’s decision is that Royal Borough of Kingston Upon Thames (the Council) does not hold the information within the scope of questions 1-4, but, on the balance of probabilities, holds information within the scope of question 5. The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation. Conduct fresh searches for the requested information and disclose the emails it has already identified (and any further information it identifies as a result of the fresh searches) or provide a refusal notice that complies with regulation 14 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.