London Borough of Bexley

The complainant submitted a request to the London Borough of Bexley (the Council) seeking a copy of a traffic management order. The Council responded under FOIA and confirmed that it held two orders falling within the scope of the request and said that there would be a charge of £34.00 for providing each one. The Commissioner’s decision is that request should have been considered under the EIR rather than FOIA. He has also found that under the EIR, the Council is not entitled to seek to levy any charge for disclosing the requested information because it has not published 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.