Lydney Town Council

The complainant requested information from Lydney Town Council (the Council) relating to a proposed “Greenway” path. The Commissioner issued a decision notice ordering the Council to respond. Following the decision notice, the Council provided a response to the complainant’s request. The complainant has complained further to the Commissioner that the Council has not provided all the information it holds. The Commissioner’s decision is that the Council has provided the recorded information it holds within the scope of parts 1 and 2 of the request, however it is not clear whether the Council holds recorded information within the scope of part 3 of the request. Therefore the Commissioner finds regulation 12(4)(a) of the EIR is not engaged. The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation. Issue a fresh response to part 3 of the complainant’s request in accordance with the EIR. The Council 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.