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Hafan

Caerphilly County Borough Council

  • Date 14 August 2025
  • Sector Local government
  • Decision(s) EIR 12.5.e: Upheld, EIR 12.5.f: Upheld, EIR 5.2: Upheld
The complainant submitted a request to Caerphilly County Borough Council (the council) for information relating to specific bore holes.
The Commissioner’s decision is that the council was neither entitled to rely on regulation 12(5)(e) (commercial or industrial information) nor 12(5)(f) (interests of the information provider) of the EIR to withhold the requested information. Furthermore, in failing to respond to the request and issue a refusal notice within the statutory timescale, the Commissioner has determined that the council has breached regulation 5(2) of the EIR.
The Commissioner requires the council to take the following steps to ensure compliance with the legislation:
• Disclose the withheld information with any personal data redacted in accordance with his guidance. 
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.