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Abbreviations
Abbreviations
The Environmental Information Regulations 2004 are referred to in this decision as the EIR. The Freedom of Information Act 2000 is abbreviated as FOIA. The ‘Convention’ means the Convention on Access to Information, Public participation in Decision-making and Access to Justice in Environmental Matters (agreed at Aarhus on 25 June 1998) while the ‘Directive’ refers to Council Directive 2003/4/EC on public access to environmental information.
- Heading
- The decision of the Upper Tribunal is to dismiss the appeal. The decision of the First-tier Tribunal made on 8 January 2024 under number EA/2022/0455 was not made in error of law (section 11 of the Tr
- Introduction
- Abbreviations
- The parties to this appeal
- The factual context of this appeal
- The Appellant’s request for environmental information
- The Information Commissioner’s Decision Notice
- The First-tier Tribunal’s decision and the further grounds of appeal
- Ground 1: Was the information ‘publicly available’ within regulation 6(1)(b)?
- The First-tier Tribunal’s decision
- The parties’ submissions on Ground 1
- Discussion
- Ground 2: Was the information ‘easily accessible’ within regulation 6(1)(b)?
- The First-tier Tribunal’s decision
- The parties’ submissions on Ground 2
- Discussion
- Ground 3: The application of the FOIA regime
- The First-tier Tribunal’s decision
- The parties’ submissions on Ground 3
- Discussion
- Conclusions