The complainant requested information from St Helens Council (the “Council”) relating to legal action against a named company for failing to adhere to a planning condition. The Commissioner’s decision is that the Council has failed to respond to the complainant’s request within 20 working days of receipt and has therefore breached regulation 5(2) of the EIR. The Commissioner requires the Council to take the following steps to ensure compliance with the legislation – respond to the complainant’s request in accordance with the EIR.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 FOIA and may be dealt with as a contempt of court.
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