ICO Decision Notice: Planning Request Manifestly Unreasonable
Summary
The ICO found a planning information request made to King's Lynn and West Norfolk Borough Council to be manifestly unreasonable under EIR regulation 12(4)(b). While the Council correctly identified the request as unreasonable, it cited the wrong legislation (FOIA instead of EIR). No further action is required.
What changed
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.
What to do next
- Ensure correct legislation (EIR or FOIA) is cited when refusing information requests based on unreasonableness.
Source document (simplified)
King's Lynn and West Norfolk Borough Council
- Date 11 February 2026
- Sector Local government
- Decision(s) EIR 12(4)(b): Not upheld, EIR 14(3): Upheld The complainant has requested information about a planning application. The Borough Council of King’s Lynn and West Norfolk (‘the Council’) relied on section 14(1) of FOIA (vexatious request) to refuse the request. The Commissioner’s decision is that the request is manifestly unreasonable under regulation 12(4)(b) of the EIR and the Council isn’t obliged to comply with it. He has recorded a regulation 14(3) breach as the request was refused under the wrong legislation. The Commissioner does not require further steps.
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