Bedford Borough Council

The complainant requested information about the proposed Universal Studios development. Bedford Borough Council (the Council) refused the request citing section 12 (cost of compliance exceeds appropriate limit) of the FOIA. During the Commissioner’s investigation the Council reconsidered the request under the EIR and confirmed that it was relying on the exception in regulation 12(4)(b) (manifestly unreasonable) of the EIR to refuse the request. The Commissioner’s decision is that the Council was entitled to rely on regulation 12(4)(b) to refuse to comply with the request. However, the Commissioner also finds that the Council did not fully comply with its obligations under regulation 9 of the EIR to offer advice and assistance. The Commissioner requires the Council provide the complainant with advice and assistance on how the request might be refined, so that it may not engage regulation 12(4)(b) of the EIR.