London Borough of Lambeth (Local government) [2023] UKICO 213628 (20 March 2023)
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London Borough of Lambeth
The complainant requested information from the London Borough of Lambeth (“the Council”) relating to planning enforcement action carried out by the Council. The Commissioner’s decision is that the Council is entitled to rely on regulation 12(4)(b) (manifestly unreasonable) of the EIR to refuse to provide the information requested in part 4(b) of the request. However, he finds that the Council failed to provide reasonable advice and assistance and therefore failed to meet its obligations under regulation 9 of the EIR. The Commissioner requires the Council to take the following steps to ensure compliance with the legislation. Provide the complainant with advice and assistance to help them submit a less burdensome request. The Council 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 9:
Complaint upheld
EIR 12(4)(b):
Complaint not upheld
Decision notice: 213628
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URL: http://www.bailii.org/uk/cases/UKICO/2023/213628.html
