Antrim and Newtownabbey Borough Council

The complainant has requested information from Antrim and Newtownabbey Borough Council (the council) regarding noise complaints. The council refused to provide the information because disclosing the information would prejudice the outcome of ongoing investigations. It refused to provide the information citing regulation 12(4)(b) of the EIR.
The Commissioner’s decision is that the council was entitled to rely on regulation 12(4)(b) of the EIR (manifestly unreasonable) to refuse to comply with the request. He also finds that the council failed to provide reasonable advice and assistance and therefore failed to meet its obligations under regulation 9 of the EIR to offer advice and assistance.
The Commissioner requires the council to take the following steps to ensure compliance with the legislation.
• Provide the complainant with advice and assistance for each part of their request to help them submit a less burdensome request.
The Council must take these steps within 30 calendar days of the date of this decision notice. Failure to comply may result in the Commissioner making written certification of this fact to the High Court pursuant to section 54 of the Act and may be dealt with as a contempt of court.