Environmental Information Regulations
The Environmental Information Regulations 2004 [EIR] provide public access to environmental information held by the Council.
The purpose of EIR is:
- to encourage greater awareness of issues that affect the environment
- to improve the openness and transparency of public bodies
- to increase the accountability of public body decision making and spending
- to allow the public to engage in decision making
- to increase trust and confidence in public authorities
The Council recognises the importance of public awareness of the decisions it makes and sees the Environmental Information Regulations as a means of contributing towards this awareness.
Tendring Council is subject to the Environmental Information Regulations. This means that the Council is required to regularly publish information about the work that it does and the money that it spends. It also means that members of the public can ask the Council for recorded environmental information that it holds, and the Council has a duty to provide them with that information unless an exception applies.
What is recorded information?
The Regulations cover any recorded information held by public authorities. Therefore, the right of access under the legislation extends to all recorded information held by the Council, regardless of the format or storage medium.
Examples include: paper records, computer files, printed documents, letters, emails, photos, pictures, written notes, audio and video recordings etc.
Please note non-recorded information is not covered by the regulations. For example, asking someone for their opinion on a decision that has not been made yet. The Council is also not required to create new information to respond to requests.
Retention of information
The Council retains different types of information for different lengths of time. The different types of information, and the length of time they are retained for is set out in the Council’s Record Retention Schedule - https://legacy.tendringdc.gov.uk/sites/default/files/documents/Retention%20Schedule%20All%20Depts-%20Final.pdf
When might information not be disclosed?
Under the Regulations the Council must release environmental information unless there are compelling and substantive reasons to withhold it. Occasionally, the Council will be unable to supply information requested under the Environmental Information Regulations 2004 due to it being exempt from disclosure.
A list of exceptions can be found on the Information Commissioner’s Office website - https://ico.org.uk/for-organisations/foi/freedom-of-information-and-environmental-information-regulations/#exceptions
Where information is exempt, the Council will tell you why it is unable to supply it.
The Council does not have to comply with information requests that are manifestly unreasonable. Further information on manifestly unreasonable requests can be found on the ICO’s website: https://ico.org.uk/for-organisations/foi/freedom-of-information-and-environmental-information-regulations/regulation-12-4-b-environmental-information-regulations-manifestly-unreasonable-requests/
The Council will refuse requests for information where it has asked you for clarification and you have not provided it.
Cost
EIR requests are generally free. In certain circumstances, a fee may be payable for determining, locating, retrieving and extracting information and/or the cost for disbursements such as photocopying and postage. If this applies, a Fees Notice will be issued to you with details of any costs involved in advance and you will be required to pay this before we can proceed to deal with your request.
The Council can make a charge when they estimate that the cost of determining whether they hold the information and of locating, retrieving and extracting it would exceed the fees limit of £450, based on an hourly rate of £25.
How to make a request for information
[Insert link to the Make A Request For Information section].
What to expect after submitting your request
Once you have made a request for information under the Environmental Information Regulations 2004 the Council will:
- acknowledge receipt of your request and provide a reference number
- provide you with advice and assistance in relation to your request where appropriate
- explain if any further clarification is required to process your request
- respond to your request within 20 working days from the date of receipt
- keep you informed of the progress of your request where appropriate
- tell you if a fee is applicable to your request
If you’re not happy with how your request was handled
[Insert link to the Make A Complaint section].
Information not held by Tendring District Council
Please note that EIR requests concerning refuse and recycling centres, land ownership, drinking water, sewage, are not the responsibility of Tendring District Council. Please see below a list of organisations that are responsible for such information:
Essex County Council - Welcome to Essex | Essex County Council
Environmental Agency - Environment Agency - GOV.UK (www.gov.uk)
Land Registry - HM Land Registry - GOV.UK (www.gov.uk)
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