Horningsea Parish Council
- Date 3 September 2025
- Sector Local government
- Decision(s) EIR 2: Upheld
The complainant requested various information about a ditch and culvert running alongside their property and an alleged encroachment on a village green. Horningsea Parish Council (the Council) provided some information, stated other information was not held and withheld some information under section 42 (legal professional privilege) of the FOIA and section 40(2) (personal data) of the FOIA. The Commissioner’s decision is that the requested information is environmental information within the definition at regulations 2(1)(a) and 2(1)(c) of the EIR. The request should, therefore, have been handled by the Council under the EIR rather than the FOIA. The Commissioner requires the Council to reconsider the request under the provisions of the EIR and issue a fresh response to the complainant.