The Environmental Information Regulations run in parallel with the Freedom of Information Act, and much of the advice given here is relevant to both.

What is the purpose of the Regs?
The Regs grant the public the right to access environmental information held by public authorities. These new regs enhance the rights under existing regulations.

What is “Environmental Information”?
The definition is broader than in the old Regs. It covers info on:

·           the state of the environment such as water, soil, land, flora and fauna and diversity

·           genetically modified organisms

·           emissions and discharges, noise, energy, radiation, water and other substances

·           measures and activities such as policies, plans and agreements

·           reports, cost benefit and economic analyses

·           the state of human health and safety and contamination of the food chain

·           cultural sites and built structures as they may be affected by environmental factors

Who are “Public Authorities”?
All those under the Freedom of information Act 2000, i.e. govt departments, local government, health and education establishments, police, other public bodies including advisory groups, commissions and agencies.

In addition, it includes any body or person carrying out functions of public administration, and any body or person under the control of a public authority who has responsibilities to the environment.  The definition thus catches some private companies and public/private partnerships, e.g. companies involved in energy, water, waste and transport, and consultants acting for a council.

What are the new responsibilities for planning authorities?
You will now be required to make environmental information progressively available to the public via electronic means and to organise information with a view to active dissemination.

You will also be required to provide applicants (those requesting info under the regulations) with advice and assistance as necessary, especially where requests are formulated in such a way that it is difficult for you to identify the information sought.

If however you believe the info requested is not in your authority’s possession and is held by another public body, you can transfer the request to them.

If an applicant is dissatisfied with the response from you they have the right to make representations, and you will be required to review your decision and reconsider the request.

Are there any other changes we should be aware of?
You will have to publish a schedule of charges and details of the circumstances when these can be waived.

Under the old Regs you had up to 2 months to respond to a request, the new Regs reduce this to 20 working days. However, if the request is particularly voluminous and complex, this limit is extended to 40 working days. If the request is formulated in such a way that you are unable to identify what is wanted since it is rather general or ambiguous, the authority is required to provide advice and assistance to ascertain from the applicant the nature of the information required so that the request can be dealt with.  However, there is no provision to extend the time limit; a response would still be required within the 20 working days. 

You have a duty to provide info in the form or format requested (if a preference is stated) otherwise you have to inform the applicant of the reasons why this was not possible.

If the applicant remains dissatisfied, following the reconsideration procedure, they may appeal to the Information Commissioner. Subsequently, a further appeal to the Information Tribunal is possible.

It is a criminal offence for anyone to alter, block, deface, erase, destroy or conceal any record held by a public authority with the intent of preventing its disclosure.

Are there any exceptions to what we can disclose?
Generally there is a presumption in favour of disclosure, however, there are a number of exceptions to disclosure; these include if they affect national security or commercial interests, public interest, personal information, information not held, request unreasonable, request too general, information is unfinished, disclosure of internal communications. The ICO has issued a guidance note on these which is available on  the ICO website . It should be borne in mind that just because information relates to a commercial company does not in itself justify exemption from its release; to be exempt the information would need to contain specific financial details that would otherwise not be available.

Pre-application discussions                                                                                                                              If an authority were to receive a request for the information contained within a pre-application consultation they would have to consider disclosing the information unless they could show it satisfies the criteria necessary for engaging one of the exemptions referred to above. An authority would need to consider requests on a case by case basis as it is not possible to apply exemptions in a blanket fashion.

What about enforcement cases?                                                                                                                    It is understood that a request for information relating to an enforcement complaint would not be exempt from public disclosure, unless an authority can demonstrate, on a case by case basis, that there is a suitable exception and   that it would not be in the public interest to disclose the information.

The latest advice  conatined inthe PASRSOL information bulletin is that "People making allegations about breaches of planning control should be re-assured that their personal details will not be made available"

For more details click here .

Information on the Register

As part of the move to e-enable services, local authorities are being asked to make information from their planning and building control registers and databases available on their websites. Given that in doing so some personal information about individuals will be disclosed it is important that the requirements of the Data Protection Act are complied with. Data protection considerations are particularly important as placing information on the internet makes the information more widely available, allows for trawls and searches to be made electronically, and facilitates copying and re-use of information.

Local authorities have a legal duty to make available certain details relating to planning applications (as a public register), and regulations also allow this information to be made available on the Internet. Local authorities are therefore acting lawfully in making planning applications available on the Internet.

There is no statutory requirement to make available information on building control applications and investigations of alleged breaches of planning control, whether physically or on the Internet.

Not all of the information held in relation to a planning application or an appeal will be personal data relating to the applicant, or to third parties. Neither will all of the information or correspondence accompanying a planning application form part of the application register. However as a matter of good practice local authorities should consider carefully how much information concerning applications is published on the web, and follow the advice given in the PARSOL guide which in turn is based on advice from the Information Commissioner - click here .

What next?
The guidance to date is based on the final Regs, however, as cases arise further guidance is being issued by the ICO. Advice has been sought on the particular implications for planning authorities and this note has been revised accordingly. As and when further advice is received a further note will be issued.

Where can I get further information?
Contact the Environmental Information Regulations Team at the Information Commissioners Office. This is based at Wycliffe House, Water Lane , Wilmslow, Cheshire , SK9 5AF . 
Tel 01625 545700
Fax 01625 524510,
Email eir-enquiries@ico.gsi.gov.uk ,
Website http://www.informationcommissioner.gov.uk

The regulations can be viewed here The Environmental Information Regulations 2004  

and guidance from the Information Commissioner can be viewed here ICO guidance on EIR

You can also view the DEFRA draft guidance at http://www.defra.gov.uk/corporate/consult/eir-guidance/index.htm

The LGA has published a practical guide to implementing the new Environmental Information Regulations, copies are obtainable at £10 for member authorities, and £20 for others from LGconnect Tel 020 7664 3131 or by email info@lga.gov.uk . The direct link is : http://www.lga.gov.uk/Publication.asp?lsection=0&ccat=28&id=SXCE85-A7829504

This note was prepared by John Silvester, Publicity Officer & Spokesperson for the PLANNING OFFICERS SOCIETY.   It was updated on 1 June 2006.

See also the updated information from the Information Commissioner regarding the publication of non-relevant information as part of the publication of planning applictaions, etc on websites: http://www.planningofficers.org.uk/article.cp/articleid/68   Updated 7 December 2005.

The latest advice is also contained in the PARSOL guide " Making Information from Planning (Application and Enforcement) and Building Control Registers and Databases Available on Local Authority Websites" click here