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South Ribble Borough Council

  • Date 6 November 2025
  • Sector Local government
  • Decision(s) EIR 2: Upheld

The complainant has requested information in respect of an alleged unauthorised development of land. 
South Ribble Borough Council (“the Council”) withheld the information under section 30 of FOIA (investigations and proceedings).
The Commissioner’s decision is that the requested information is environmental information within the definition at regulation 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 take the following steps to ensure compliance with the legislation: 
•    Reconsider the request under the provisions of the EIR and issue a fresh response to the complainant. 
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.