North Yorkshire Council

The complainant requested information relating to borehole testing at specific addresses. North Yorkshire Council (the council) initially provided some information, but at the internal review stage the council reconsidered the request and refused it under regulation 12(4)(b) as manifestly unreasonable. The Commissioner’s decision is that regulation 12(4)(b) of the EIR is not engaged. The Commissioner requires the council to take the following steps to ensure compliance with the legislation. Issue a fresh response to the complainant without relying on regulation 12(4)(b) of the EIR. 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.