National Highways

The complainant has requested National Highways (NH) to disclose information relating to grade separation on the A406 and A10. NH initially handled the request under FOIA but later acknowledged that it should have been handled under the EIR. It changed its position from refusing the request under section 12 of FOIA (cost limit) to regulation 12(4)(b) of the EIR (manifestly unreasonable). The Commissioner’s decision is that NH is entitled to refuse to comply with the request in accordance with regulation 12(4)(b) of the EIR. He is also satisfied that it complied with its obligations under regulation 9 by providing appropriate advice and assistance. The Commissioner does not require further steps.