ICO Decision Notice: Planning Request Manifestly Unreasonable

The Information Commissioner's Office (ICO) issued a decision notice regarding a request for information about a planning application made to King's Lynn and West Norfolk Borough Council. The ICO determined that the request was manifestly unreasonable under regulation 12(4)(b) of the Environmental Information Regulations (EIR), meaning the Council is not obligated to comply. However, the ICO also recorded a breach of regulation 14(3) because the Council incorrectly refused the request under section 14(1) of the Freedom of Information Act (FOIA) instead of the EIR.

This decision primarily impacts public authorities handling information requests. While the ICO found the Council's refusal to provide the information to be justified due to its unreasonableness, the procedural error of citing the wrong legislation is noted. No further steps are required by the ICO, indicating that the Council has addressed the core issue of the request's unreasonableness. Regulated entities should ensure they correctly cite the applicable legislation (EIR or FOIA) when refusing requests based on unreasonableness.