Thanet District Council

The complainant requested information about excess waste at a named depot. Thanet District Council (the ‘Council’) initially provided some of the requested information but withheld the requested report (specifically a briefing note) in its entirety, citing Regulation 12(4)(e) of the EIR – the exception for internal communications. During the course of the Commissioner’s investigation, the Council carried out further searches and located photographs of the waste which it disclosed. The Council also disclosed a redacted version of the previously withheld briefing note, with information redacted under EIR Regulations 12(4)(e) and 12(5)(d) – the exception for the confidentiality of proceedings. Ultimately, the Council further revised its position. It now disclosed all the information previously withheld in the briefing note under the above EIR exceptions, such that it was no longer withholding any information. The Council explained that the remaining redactions were out of scope as they do not relate to the issue of waste. The complainant remained dissatisfied. He said he believed further information must be held and that the Council had failed to provide him with advice and assistance in accordance with its Regulation 9 of the EIR obligations. The Commissioner’s decision is that the request was correctly considered under the EIR. He is satisfied that the remaining redacted information within the disclosed briefing note is out of scope as it does not relate to the waste issue. The Commissioner has investigated whether the Council holds further information within the scope of the request (Regulation 5 of the EIR (duty to make available environmental information on request). The Commissioner’s decision is that the Council does not hold further information within the scope of the request and therefore complied with Regulation 5(1) of the EIR. However, he finds that the Council did not comply with its obligation under Regulation 5(2) of the EIR at the time of the request as it did not locate and provide all relevant information within the statutory timeframe. However as information has now been provided, the Council is not required to take any steps. Lastly, the Commissioner finds that the Council complied with its EIR Regulation 9 advice and assistance obligations.