Summary of Commissioner's Decision: The Commissioner found that the Council was not justified in refusing the appellant's AIE request under article 7(3)(a)(i) of the AIE Regulations. In doing so, he stated that a request can only be granted under article 7(3)(a)(i).
Nevertheless, he accepted that where a person does not request information in a particular form or manner, a public authority may grant access to an AIE request by directing the person to where the information is publicly available in an easily accessible manner.
However, in the circumstances of the case the Commissioner found that the Council had not taken adequate steps to identify and locate information covered by the appellant's AIE request. Accordingly, he found that the Council was not justified in refusing the appellant's AIE request. The Commissioner annulled the Council's decision in full and expressed his expectation that it would make a new decision on the request in accordance with the AIE Regulations.