Advice to Able UK
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- From
- Able UK
- Date advice given
- 7 January 2011
- Enquiry type
Mark,
We are preparing the Preliminary Environmental Information Report for consultation with the public in respect of the above project. We would not normally publicise information on Badgers since they are prone to persecution and the law has been developed to protect them. We normally provide information on this species to the planning authority only.
Please advise if you agree to information on badgers being kept confidential (ie. the location of their setts is not disclosed) and advise if you consider whether you consider information on any other protected species should be kept confidential in the same way.
A speedy response would be appreciated as we are looking to complete the reporting next week.
Can you please confirm receipt of this e-mail in the first instance.
Kind regards
RICHARD CRAM Design Manager
Advice given
Dear Mr Cram
I write with reference to your email of 7th January.
As you are aware, the IPC operates a policy of openness in relation to the documents it receives relating to proposed projects. Your email refers to information on badgers and states that you would not normally publicise information on them due to legislation protecting them. Having sought advice as to whether we can agree to information being excepted from disclosure we advise as follows.
The information may fall within the definition of ?environmental information? under the Environmental Information Regulations 2004 (EIR). If information is environmental information for the purposes of the EIR it is exempt information under section 39 of the Freedom of Information Act 2000 (FOIA) and the public authority (in this case the Commission) is obliged to deal with any requests for such information under the EIR rather than the FOIA.
Information Commissioner?s Office (ICO) Guidance on EIR (?What is Environmental Information?? Version 3, 16 March 2009) notes, for instance, that when considering whether information is ?environmental information? a site does not need to have been formally designated as requiring protection to qualify as a ?natural? site for the purposes of Regulation 2(1)(a) of the EIR.
Exceptions to the duty to disclose environmental information are set out in Regulation 12 of the EIR. Although Regulation 12(2) of the EIR states that a public authority shall apply a presumption in favour of disclosure, there are grounds on which a public authority may refuse to disclose environmental information if one of the specific exceptions apply and in all the circumstances of the case, the public interest in maintaining the exception outweighs the public interest in disclosing the information.
Under Regulation 12(5) of the EIR a public authority may refuse to disclose information to the extent that its disclosure would adversely affect (g) the protection of the environment to which the information relates. In the event of a request for such information, the Commission may assess whether disclosure of the information would adversely affect the protection of the environment to which the information relates and whether in all the circumstances of the case the public interest in maintaining the exception outweighs the public interest in disclosing the information.
In order that the Commission can easily identify such information, we would suggest that if these documents are submitted with your application for a development consent order then they should be clearly marked ?Potentially Excepted Information? and reference made on them to Regulation 12(5)(g) of the EIR.
I trust that the above clarifies the Commission?s position however please feel free to contact us should you required further guidance on this matter.
Yours sincerely
Mike Harris, Case Officer