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IC-325321-W1Z7

  • Date 3 February 2025
  • Sector Local government
  • Decision(s) EIR 11: Upheld, EIR 5: Partly upheld

The complainant has requested information from Torridge District Council (the Council) relating to impact analysis, human rights considerations and insurance policy information. The Commissioner’s decision is that for question 2 of the request, the Council, on the balance of probabilities, has not conducted adequate searches for the requested information. For question 3, the Commissioner is satisfied that, on the balance of probabilities, the Council does not hold the requested information. The Commissioner also finds that the Council breached regulation 11 of the EIR as it failed to carry out its internal review within 40 working days. The Commissioner requires Council to take the following steps to ensure compliance with the legislation. Conduct a fresh search and provide a new response for the information requested in question 2. The Council must take these steps within 30 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 Act and may be dealt with as a contempt of court.