Environmental information
Overview
The Environmental Information Regulations (EIR) 2004 provides additional rights of access for members of the public to information held by the Council that relates to the environment. The definition of environmental information is broad and will relate to elements of the environment such as air, water, soil and landscape. It will also relate to information tied to land.
While The EIR provides stronger rights of access than the Freedom of Information Act, It still doesn’t give you the right to all council documents, records, or information on other people. This means that will be times when only some parts of a document or record will not be available to you.
If you are seeking Information about yourself, you already have the right of access under the Data Protection Act 2018 please click this link.
Before making your information request.
The council already makes information publicly available. We are committed to transparency with how we spend public money and also publishing open data in line with the Local Government Transparency Code.
Before Submitting an EIR request please look through the Open Data and some publicly accessible information here, or the wider website for publicly accessible information.
Making a request.
You can make a request online, or by email or post.
Online: Make a request
Email: foi@middevon.gov.uk
Post: Information Management, Phoenix House, Phoenix Lane, Tiverton, Devon EX16 6PP
Your request must include:
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Your Name,
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Contact Details
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A detailed description of the information you wish to obtain
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Any preferences of format for receiving the information
You do not need to specify whether you are making an EIR request, we assess all FOI requests to establish which legislation we will apply.
The council does not have to respond to broad requests for information. Please make your request as specific as possible, clearly detailing the information that you are requesting. This will help us locate the information faster.
How long does it take?
Your request will be acknowledged within five working days.
The Council has an initial 20 working days to comply with your EIR request. Unlike an FOI, the council can request a 20 working day extension within the remit EIR 2004.
We will consider your request, and let you know if we can provide the information you request, whether we need to use the full 40 working days, or explain why we can’t provide the information.
Costs
If the work required to retrieve the information exceeds the £450 cost limit, or requires considerable resources. The council will inform you that the request is refused under the manifestly unreasonable exception under Regulation 12(4b).
Refusing a Request.
A request will only be refused if:
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It is request classed as manifestly unreasonable;
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If it falls under one of the exceptions within the regulation;
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If a clarification request has not been responded to within 60 days.
If the Request is refused, we will provide a detailed explanation as to why any relevant exemptions have been applied to the request.
Requesting a review
We will always try to help you with queries and requests for information.
If you disagree with any exemptions applied to your request for information, or you are not satisfied with how we have handled your request, you are entitled to ask for an internal review of the council’s response. The review panel will consist of senior officers who were not involved in the original decision. Requests for internal review can be submitted through the same channels as the original request.
If you remain dissatisfied after the completion of an internal review, you are entitled to complain directly to the ICO who will consider the way in which your request has been handled. The ICO is the regulator for the Act and offers impartial advice about any aspect of the regime. The ICO publishes extensive guidance for members of the public through its website.
Information Commissioner
Responsibility for overseeing the operation of the Environmental Information Regulations rests with the Information Commissioner who is an independent public official responsible to Parliament. You can contact the Information Commissioner for advice, guidance or to make a complaint directly.
Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire, SK9 5AF
Telephone: 0330 312 3113
Email: icocasework@ico.org.uk