Bristol City Council v The Information Commissioner & Anor
[2024] UKFTT 812 (GRC)
Matthew Clark v The Information Commissioner
4 June 2024
[2024] UKFTT 449 (GRC)
First-tier Tribunal
Someone asked for lots of planning permission information. The council said it was too much work. The Information Commissioner agreed, but said the council was slow to respond. A court agreed with the council, saying the request was too broad and the information was mostly available already.
Key Facts
- •Matthew Clark appealed a decision by the Information Commissioner (IC) upholding North Yorkshire County Council's refusal of his FOIA request.
- •The request sought all planning permissions for HGV operating centres from March 2020 to March 2023.
- •The Council refused the request as manifestly unreasonable under regulation 12(4)(b) of the EIR.
- •The IC agreed with the Council's assessment of manifest unreasonableness but found a breach of regulation 11 for failing to conduct a timely internal review.
- •The appeal focused on whether the Council's claim of a disproportionate burden was justified.
- •The Tribunal dismissed the appeal, upholding the IC's decision.
Legal Principles
A public authority may refuse a FOIA request if it is vexatious or substantially similar to a previous request without a reasonable interval.
Freedom of Information Act 2000 (FOIA)
A public authority may refuse a request under the EIR if the request is manifestly unreasonable.
Environmental Information Regulations (EIR)
Regulation 12(4)(b) EIR is subject to a public interest test.
Environmental Information Regulations (EIR)
Outcomes
Appeal dismissed.
The Tribunal found the Commissioner's investigation thorough and that the Council's claim of disproportionate burden was justified. The request was considered overly broad, and the information, if it existed, was largely already in the public domain. The Tribunal also found that requiring the Council to undertake further searches was not in the public interest.