London Borough of Enfield

The complainant asked for a copy of the latest Meridian Water Masterplan from the London Borough of Enfield (the Council). The Council gave links to information within scope of the request; however, it initially withheld some information under section 43(2) of FOIA. The Commissioner’s decision is that the Council’s reliance on section 43(2) is not appropriate in the circumstances of this case, and he considers that regulation 12(5)(e) of the EIR is the most relevant exception given the environmental impact and nature of the information in question. However, during the Commissioners investigation, the Council withdrew its reliance on regulation 12(5)(e) as it explained that the withheld information had now been published by the developer concerned as part of its planning process, and that the development of the rest of the site is on-going and subject to change. The Commissioner considers that on the balance of probability the Council does not hold any further information in scope of the request, namely the latest Meridian Water Masterplan. However, the Council breached regulation 14 of the EIR by failing to issue an appropriate refusal notice within 20 working days. The Commissioner does not require the Council to take any steps as a result of this notice. Information Tribunal FTT EA/2023/0547 under appeal.