South Kesteven District Council
- Date 21 May 2024
- Sector Local government
- Decision(s) EIR 12.4.b: Not upheld, EIR 14(2): Upheld, EIR 5.2: Upheld, EIR 9.1: Upheld
The complainant has submitted a request to South Kesteven District Council (the council) for information relating to specific planning applications.
The Commissioner’s decision is that the council is entitled to rely on regulation 12(4)(b)(manifestly unreasonable) to refuse to provide the requested information. However, the Commissioner finds that the council did not comply with its obligations under regulation 9(1) of the EIR to offer advice and assistance. The Commissioner has also concluded that the council breached regulations 5(2) and 14(2) of the EIR by failing to respond and issue a refusal notice to the request within 20 working days.
The Commissioner requires the council to take the following steps to ensure compliance with the legislation:
• Provide the complainant with advice and assistance to help them submit a less burdensome request.