London Borough of Bexley

The complainant requested, from the London Borough of Bexley (the Council), a copy of a traffic management order. The Council said it was handling the request under the Freedom of Information Act 2000 (FOIA). It confirmed holding the requested information, and said there would be a charge of £16.50 for providing it, in line with the Council’s fees and charges for providing traffic management order booklets of the size in question. The Commissioner considers the request falls under the EIR rather than FOIA, so the Council handled the request under the wrong access regime. He finds that under the EIR, the Council wasn’t entitled to seek to levy any charge for disclosing the requested information, because it hasn’t published or made available a schedule of charges under the EIR. The Commissioner requires the Council to issue a fresh response to the complainant under the EIR, that does not seek to levy a charge under regulation 8.