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Royal Borough of Kingston Upon Thames

  • Date 21 May 2025
  • Sector Local government
  • Decision(s) EIR 12.4.a: Not upheld, EIR 12.4.b: Not upheld

The complainant submitted a request for information relating to safety certificates for 5G mast planning applications involving Three UK  Limited. The Royal Borough of Kingston Upon Thames (the Council) provided some general advice and guidance but refused the request under regulations 12(4)(b) (manifestly unreasonable) and 12(4)(a) (Information not held) of the EIR. 
The Commissioner’s decision is that the Council was entitled to rely on regulation 12(4)(b) to withhold information in scope of parts 1 and 3 of the request and that the public interest favours maintaining the exception, and that on the balance of probabilities, does not hold information within the scope of parts 2, 4 and 5 of the request. 
The Commissioner does not require the public authority to take any steps as a result of this decision. First-tier tribunal (General Regulatory chamber) information rights appeal FT/EA/2025/0196 under appeal.