South Ribble Borough Council
- Date 19 March 2024
- Sector Local government
- Decision(s) EIR 11.4: Not upheld, EIR 12.4.e: Not upheld, EIR 14(2): Upheld, EIR 5.2: Upheld, EIR 9: Not upheld
The complainant requested from South Ribble Borough Council (the Council) information relating to a planning application and matters regarding the planned upgrade of outdoor sports facilities at Lostock Hall Academy. The Council provided some information but relied on regulations 12(4)(e) (internal communications), 12(5)(b) (course of justice) and 13 (personal data) of the EIR to withhold the remaining information.
The Commissioner’s decision is that the Council is entitled to rely on regulation 12(4)(e) to refuse to comply with the request. He also finds that the Council had issued its review response in accordance with regulation 11(4) of the EIR, and it complied with its obligations under regulation 9 of the EIR to offer advice and assistance.
However, the Commissioner finds that the Council breached regulations 5(2) and 14(2) of the EIR by failing to respond to the request within 20 working days. The Commissioner does not require the Council to take any further steps as a result of this decision.