The complainant has requested terms of reference and policy information referred to in correspondence from the London Borough of Lambeth (“LB Lambeth”) on a planning matter. LB Lambeth refused to provide a response citing regulation 12(4)(b) of the EIR (manifestly unreasonable) as its basis for doing so. It upheld this at internal review. The Commissioner’s decision is that LB Lambeth is not entitled to rely on regulation 12(4)(b) as its basis for refusing the request. The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation: Provide confirmation or denial as to whether the information is held; and if held, provide the requested information or provide a refusal notice explaining why it is not obliged to do so that does not rely on regulation 12(4)(b).
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