Environmental Information Regulations (ERI)

The Environmental Information Regulations 2004 (EIR) give you a right to request environmental information held by the Council. This page explains what EIR is, how to make a request, what to expect, and the main reasons we may need to withhold information.

Why EIR exists

• to help people understand how the environment is affected by public services and decisions
• to support openness about environmental decision-making, monitoring and spending
• to enable people to take part in local environmental decision-making
• to increase accountability and public confidence in environmental matters

What you can request

EIR covers “environmental information” we hold at the time we receive your request. Environmental information includes, for example, information about the state of air, water, soil, land, flora and fauna, and information about activities or measures that affect (or are likely to affect) the environment.

Examples can include planning and land information, pollution and contamination reports, waste and recycling information, environmental impact assessments, monitoring data, and related emails, reports, spreadsheets, contracts, policies, meeting notes, photographs, and audio/video recordings.

EIR gives you a right to access environmental information we already hold. It does not require us to create new information, give opinions, or answer general questions (unless we hold recorded information that answers them).

If you are asking for your own personal information, this is usually handled under data protection law (a “subject access request”) rather than EIR.

If your request is not for environmental information, it may be handled under the Freedom of Information Act 2000 (FOI). We will advise you if a different law applies.

How long we keep information

We keep different types of records for different lengths of time, in line with our retention schedule. If information has been lawfully disposed of before we receive your request, it may no longer be held.

When we might not disclose information

Most environmental information we hold can be provided. However, the EIR include exceptions to protect information where disclosure would adversely affect certain interests or would be unlawful. Where an exception applies, we will explain our decision.

Many EIR exceptions are subject to a public interest test, which means we must consider whether the public interest in maintaining the exception outweighs the public interest in disclosure. Some exceptions have additional specific tests.

Common EIR exceptions include:

• Personal data (regulation 13)
• Information supplied in confidence (regulation 12(5)(e))
• International relations, defence, national security or public safety (regulation 12(5)(a))
• The course of justice / legal proceedings (regulation 12(5)(b))
• Confidentiality of commercial or industrial information (regulation 12(5)(e))
• Intellectual property rights (regulation 12(5)(c))
• The confidentiality of proceedings where provided by law (regulation 12(5)(d))
• Information already publicly available and easily accessible to you
• Manifestly unreasonable requests (regulation 12(4)(b))
• Information intended for future publication (regulation 12(4)(d))

We may refuse to deal with requests that are manifestly unreasonable, including where requests are vexatious or repeated. We consider each case on its facts and will explain our decision with reference to relevant guidance.

If your request is unclear or too broad, we may ask you to clarify it. We will provide advice and assistance to help you make a valid request and to help us identify the information you want. If we do not receive the clarification we need, we may be unable to process the request.

Further information on EIR exceptions and how requests are handled can be found on the ICO’s website: When can we refuse a request for environmental information?

Costs and fees

Many EIR requests are free. However, we may charge a reasonable amount for making environmental information available, for example for printing, copying and postage, where permitted.

If a request is very broad or would take a disproportionate amount of time to answer, it may be considered manifestly unreasonable. Where possible, we will offer advice and assistance to help you narrow your request, for example by reducing the time period or focusing on specific locations, sites, documents or services.

How to make an EIR request

You can make a request by email or letter. To help us process your request promptly, please:

• be in writing (email is fine);
• include your name;
• include an address for correspondence (an email address is acceptable); and
• describe the information you want (as clearly as possible).

Details of how to make a request are on our website: Make a request for information

What happens next

After we receive your request, we will:

• acknowledge your request and provide a reference number;
• provide advice and assistance where reasonable (for example, to help you refine an unclear or broad request);
• contact you if we need clarification to identify the information you want;
• respond as soon as we can and within 20 working days;
• tell you if we need more time (for example, for complex and voluminous requests) — we can extend the time to respond up to 40 working days where permitted;
• keep you informed where we can (for example, if we need extra time to consider an exception and the public interest test); and
• tell you if a fee may apply (for example, disbursements) or if your request is likely to exceed the cost limit.

If you are unhappy with our response

You can ask us to carry out an internal review if you think we have not handled your EIR request correctly. Details of how to request an internal review are on our website: How to make a complaint

If you remain unhappy after our internal review, you can complain to the Information Commissioner’s Office (ICO): FOI and EIR complaints

Information that may be held by other organisations

Some services are delivered by other organisations, so the Council may not hold the information you are looking for. For example, highways, social care, education, children’s services, policing, on-street parking enforcement and trading standards are often the responsibility of other public authorities. If we do not hold the information, we will tell you where possible.

Essex Highways: https://www.essexhighways.org/

Essex County Council: https://www.essex.gov.uk/

Essex Police: https://www.essex.police.uk/

North Essex Parking Partnership: https://north.parkingpartnership.org/