The complainant has requested information relating to the Queensbury Tunnel from the Department for Transport (“DfT”). The DfT refused to provide this information citing section 14(1) – vexatious request. The public authority later suggested to the Commissioner that the request could also be considered an EIR request and cited Regulation 12(4)(b) – manifestly unreasonable request. The Commissioner’s decision is that the request falls under the EIR and that Regulation 12(4)(b) is not engaged. The Commissioner requires the DfT to take the following steps to ensure compliance with the legislation.
• Issue a fresh response regarding this request that does not rely on Regulation 12(4)(b) of the EIR.

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