London Borough of Merton Council (Local government) [2023] UKICO 197829 (25 May 2023)
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London Borough of Merton Council
The complainant has requested for copies of all plans and drawings relating to the proposed development of Mitcham Gasworks by St William. London Borough of Merton Council (“the Council”) disclosed some of the information to the complainant but withheld the remaining information under regulation 12(5)(f) of EIR. The Commissioner’s decision is that the Council is not entitled to rely on regulation 12(5)(f). He also finds that the Council failed to respond to the complainant’s information request within the statutory timeframe of 20 working days. On this basis the Commissioner finds that the Council breached regulation of 5(2) of EIR. The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation: Disclose the withheld information to the complainant. OR Issue a fresh response to the request, which does not rely on regulation 12(5)(f) of EIR. The public authority must take these steps within 35 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.
EIR 12(5)(f):
Complaint upheld
Decision notice: 197829
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URL: http://www.bailii.org/uk/cases/UKICO/2023/197829.html
