Causeway Coast and Glens Borough Council (Local government) [2021] UKICO IC-44256 (11 June 2021)
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Causeway Coast and Glens Borough Council
The complainant requested from Causeway Coast & Glens Borough Council (“the Council”) information relating to a planning application reference LA01/2018/0134/F. The Council provided the complainant with some information relating to his request, and confirmed that these are the only minutes that the Planning Department hold. The Council stated that it does not hold any other information (minutes of meetings or a draft report) which relates to the request. The Commissioner’s decision is that on the balance of probabilities, the Council does not hold any further recorded information within the scope of the request. She is therefore satisfied that the Council complied with its duty under regulation 5(1) of the EIR by virtue of the exception at regulation 12(4)(a) (information not held). However, the Commissioner finds that the Council did not comply with its obligation under regulation 5(2) (time limits for compliance) of the EIR as the Council did not provide the additional information within the statutory time limit of 20 working days. Furthermore, the Council also failed to provide its internal review response within 40 working days, the Commissioner therefore finds that the Council breached regulation 11(4) of the EIR. The Commissioner does not require the Council to take any steps as a result of this decision.
EIR 11(4):
Complaint upheld
EIR 12(4)(a):
Complaint not upheld
EIR 5(1):
Complaint not upheld
EIR 5(2):
Complaint upheld
Decision notice: IC-44256
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URL: http://www.bailii.org/uk/cases/UKICO/2021/ic-44256.html
