Mid Sussex District Council

The complainant has requested information about a panel decision relating to Clair Hall. Mid Sussex District Council (“the council”) refused the request on the basis that section 14(1) of FOIA applied (vexatious requests). The Commissioner considers that the request was for environmental information, and that the EIR, and not FOIA, is the correct access regime. The Commissioner’s decision is therefore that the council was not correct to apply section 14(1) of FOIA to refuse the request. He has also determined that the council is not entitled to rely on Regulation 12(4)(b) of the EIR (manifestly unreasonable) as a basis for withholding the requested information. The Commissioner requires the council to take the following step to ensure compliance with the legislation. to respond to the request again, without relying upon section 14(1) of FOIA or Regulation 12(4)(b) of the EIR.