Armagh City, Banbridge & Craigavon Borough Council (Local government) [2019] UKICO fer0754834 (18 April 2019)
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Armagh City, Banbridge & Craigavon Borough Council
The complainant has requested information regarding local planning matters including a copy of a planning report. Armagh City, Banbridge and Craigavon Borough Council clarified one part of the request with the complainant before providing a copy of the report. The Commissioner’s decision is that the council complied with the requirements of EIR regulation 9 – advice and assistance in this respect. Although not cited by the council, the Commissioner also finds that the council complied with the requirements of regulation 12(4)(c) – requests formulated in too general a manner. However, the council breached EIR regulation 5(2) - timeframe to respond, as it failed to provide a valid response to the request within the statutory time frame of 20 working days. It also breached regulation 14(2) by not providing a valid refusal notice within 20 working days and 14(3)(a) for not citing within a refusal notice the relevant exception at regulation 12(4)(c). The council also breached regulation 10(1) for not transferring the request correctly to the appropriate public authority. As the request has been now been fulfilled the Commissioner does require Armagh City, Banbridge and Craigavon Borough Council to take any steps.
EIR 14(3):
Complaint upheld
EIR 10(1):
Complaint upheld
EIR 14(2):
Complaint upheld
EIR 9:
Complaint not upheld
EIR 12(4)(c):
Complaint not upheld
EIR 5(2):
Complaint upheld
Decision notice: fer0754834
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URL: http://www.bailii.org/uk/cases/UKICO/2019/fer0754834.html
