Amber Valley Borough Council

The complainant  requested information about planning applications, approvals and refusals. Amber Valley Borough Council (“the council”) disclosed some information, however it withheld other information on the grounds that section 21 of FOIA applied (information easily accessible by other means). The Commissioner’s decision is that the council was not correct to apply section 21 of FOIA as the information  falls under the EIR to consider. The Commissioner has also decided that the council is not able to rely upon Regulation 6(1)(b) of the EIR to refuse the request. He has also decided that the council did not comply with Regulation 5(2) of the EIR, nor Regulation 5(1). The Commissioner requires the council to take the following steps to ensure compliance with the legislation. To provide the complainant with a digest or summary of the information falling within parts 3 to 5 of the request.