Network Rail

The complainant has requested information from Network Rail, in relation to a fencing contract and the upgrade of a culvert. Network Rail refused the request under regulation 12(4)(b) of the EIR (manifestly unreasonable) on the grounds that providing all of the information requested would impose a significant and disproportionate burden on its resources, in terms of time and cost. The Commissioner’s decision is that Network Rail is entitled to refuse the request under regulation 124)(b). The Commissioner also finds that Network Rail complied with its obligations under regulation 9 of the EIR to offer advice and assistance. However, the Commissioner finds that Network Rail has breached regulation 5(2) of the EIR, as it failed to provide a response within 20 working days of receiving the request. The Commissioner does not require any steps as a result of this decision notice.