Decision Notice IC-295335-R8Q7 (Folkestone & Hythe District Council)

Case OutcomeComplaint not upheld EIR 11(3): Complaint upheld
CourtInformation Commissioner (UK)
Record NumberIC-295335-R8Q7
Date12 September 2024
RespondentFolkestone & Hythe District Council
Reference: IC-295335-R8Q7
1
Environmental Information Regulations 2004 (EIR)
Decision notice
Date:
12 September 2024
Public Authority:
Folkstone and Hythe District Council
Address:
Civic Centre
Castle Hill Avenue
Folkstone
Kent, CT20 2QY
Decision (including any steps ordered)
1. The complainant has requested information relating to the installation of
fencing at a village green. Folkstone and Hythe District Council (“the
council”) responded under the Freedom of Information Act 2000 (the
FOIA) stating the information was not held.
2. The Commissioner’s decision is that the request was for environmental
information and so the council should have responded under the EIR.
However, he has decided that, on the balance of probabilities, the
council does not hold the requested information.
3. The Commissioner has also decided that the council did not comply with
regulation 11(3) of the EIR as it did not carry out an internal review.
4. The Commissioner does not require any steps.

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