IC-345906-T9R0

The complainant requested information relating to the protection of badgers and compensation measures linked to a particular planning application. Tonbridge and Malling Borough Council (the ‘Council’) initially refused the request in its entirety, citing Regulation 12(4)(d) of the EIR – the exception for material in the course of completion. At internal review, the Council revised its position and provided a URL to some of the requested information on its planning portal. It also said it had provided all the remaining information it held in scope of the request in response to an earlier request made by the complainant. The complainant disputed this position. Finally, the Council stated that no EIR exception should have been cited in response to the request under consideration here as it claimed no information had been created since the complainant’s earlier request. During the latter stages of the Commissioner’s investigation,  the Council disclosed the information it said was held in scope of the current request. This disclosure was in response to a related decision notice which is explained in this notice. The Council confirmed it was not relying on any EIR exception and said it had provided all the information held. The Commissioner’s decision is that the Council correctly handled the request under the EIR. He has also determined that further recorded information existed that was not provided by the Council in response to the request, breaching Regulations 5(1) and 5(2) of the EIR. He has concluded, on the balance of probabilities, that the Council does not hold any further information in scope of the request beyond that provided to the complainant on 7 April 2025. Given the Commissioner’s findings, and given that the complainant has since been provided with the requested information, no further steps are required as a result of this notice.