HS2 Ltd (Other) [2022] UKICO ic-85651 (10 January 2022)
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HS2 Ltd
Across two pieces of correspondence, the complainant requested ecological and protected species survey reports for a specific location. High Speed Two Limited (HS2 Ltd) released the majority of the relevant information it holds and withheld some under regulation 12(5)(g) of the EIR (the protection of the environment to which the information relates) and regulation 13 (personal data). The Commissioner’s decision is as follows: HS2 Ltd is entitled to apply regulation 12(5)(g) of the EIR to some of the requested information and the public interest favours maintaining this exception. It was reasonable for HS2 Ltd to categorise the complainant’s second piece of correspondence as a separate request and to aggregate it with the first request. HS2 applied regulation 7(1) correctly but did not disclose all the relevant information or issue a refusal in respect of some of the information within 40 working days of receipt of the second request. HS2 Ltd’s response therefore breached regulation 5(2) and regulation 14(2) of the EIR. HS2 Ltd did, however, advise the complainant within the required timescale that it needed a further 20 working days to respond to the requests and therefore complied with regulation 7(3).
EIR 7:
Complaint not upheld
EIR 12(5)(g):
Complaint not upheld
EIR 5:
Complaint upheld
EIR 14:
Complaint upheld
Decision notice: ic-85651
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URL: http://www.bailii.org/uk/cases/UKICO/2022/ic-85651.html
