FT/EA/2024/0207 - [2025] UKFTT 01276 (GRC)

We note that the Authority did not respond to the Request within the time limit prescribed by regulation 14(2). The response was issued significantly later than the required 20 working days. We therefore find that the Authority breached regulation 14(2). This point was not addressed in the Decision Notice, nor raised by the parties during the course of the appeal. However, we consider that it is appropriate to record the breach, given that undue delay can undermine the effectiveness of the EIRs and the public’s right to timely access to environmental information. However, this procedural failure does not affect our findings on the substantive issues in the appeal and consequently we do not consider it appropriate to issue a substituted decision notice.