The Commissioner for Environmental Information has ruled on my appeal against Fingal County Council’s refusal to release planning compliance documentation in relation to condition 2 of planning permission SHD/012/19. The condition required the redesign of the junctions at either end of Station Road before development started, which didn’t happen. One has since been redesigned. The other still hasn’t. More background here.
The Commissioner found
36. Articles 7(4) and 11(4) of the AIE Regulations require public authorities to provide reasons for refusal at both original and internal review decision stages, consistent with Article 4(5) of the AIE Directive. It is clear that the Council did not provide adequate reasons for refusal of the appellant’s request.
37. I am satisfied that the Council adopted a blanket approach to its refusal of the records at issue under article 8(a)(i) of the AIE Regulations and to its refusal of the records at issue under articles 8(a)(iv) and 9(2)(d) of the AIE Regulations, without having regard to the nature or content of the records.
The Commissioner has now directed the Council to undertake a fresh decision-making process.