Epping Forest District Council

The complainant requested information about a survey carried out by the council on a neighbour’s property. Epping Forest District Council (“the council”) refused part of the request on the basis that section 40(2) of FOIA applies (personal data of third parties). The Commissioner’s decision is that that the council should have considered the information under the EIR, and that it was only partially correct to withhold information under Regulation 13(1). The Commissioner therefore requires the council to take the following steps to ensure compliance with the legislation.to carry out adequate and appropriate searches to locate any information falling within the scope of part 3 of the complainant's request for information, and to respond to this part of the request again as required by Regulation 5(1) of the EIR.To respond to the request regarding whether the person named as a surveyor was a chartered surveyor or had professional qualifications.