Antrim and Newtownabbey Borough Council

The complainant requested information about brown bin waste guidelines. Antrim and Newtownabbey Borough Council provided some information and referred the complainant to information on its website about what should be placed in brown bins. The Council also stated that it did not hold some of the information requested. The Commissioner’s decision is that the Council has not demonstrated that it has conducted a reasonable and proportionate search of its records to identify all information falling within the scope of the request. If the Council does hold further recorded information, it has failed to make this available within the statutory time for response set out at regulation 5(2). If the Council does not hold any further recorded information, then it has failed to issue a refusal notice citing regulation 12(4)(a) within the statutory time for response. The Commissioner requires the Council to reconsider the request, conducting appropriate searches, and issue a fresh response to the complainant. If the Council does not hold recorded information that is relevant to the request, it should issue a refusal notice citing regulation 12(4)(a) of the EIR. To the extent that the Council identifies any further recorded information falling within the scope of the request, it must either disclose it or issue a refusal notice that complies with regulation 14 of the EIR.