Shropshire Council

The complainant requested information, in a two-part request, relating to a planning application. Shropshire Council (the Council) neither confirmed nor denied holding information in scope of part 2 of the request, citing section 41(2) (information provided in confidence) of FOIA. The Commissioner has considered the Council’s handling of part 2 of the request. The Commissioner’s decision is that any information in scope of that part of the request, if held, would be environmental information within the definition at regulation 2(1)(c) of the EIR. The request should, therefore, have been handled under the EIR rather than FOIA. The Commissioner requires the Council to take the following step to ensure compliance with the legislation: reconsider part 2 of the request under the provisions of the EIR and issue a fresh response to the complainant.