Brighton & Hove City Council

The complainant requested information on the building of a drive at a specific address. Brighton & Hove City Council (the “council”) disclosed some information and withheld other information under section 21 of the FOIA (information accessible by other means). The Commissioner’s decision is that the request falls to be considered under the EIR and that, in handling the request under the FOIA, the council breached regulation 5(1) and regulation 14(1). The Commissioner requires the council to reconsider the request under the EIR and issue a fresh response to the complainant, ensuring that any environmental information relevant to the request is disclosed unless valid exceptions are applicable.