National Highways Ltd v Information Commissioner & Anor (Rev1)

First-tier Tribunal (General Regulatory Chamber) Information Rights Heard by CVP on 24 August 2023 Decision Given On: 23 November 2023 B e f o r e :

JUDGE ANTHONY SNELSON TRIBUNAL MEMBER RAZ EDWARDS TRIBUNAL MEMBER ROSALIND TATAM ____________________

On hearing Mr M Dale-Harris, counsel, on behalf of the Appellant and the Second Respondent in person, the Tribunal unanimously determines that the appeal is allowed. The exception under the Environmental Information Regulations 2004, reg 12(5)(b) applies and the public interest under reg 12(1)(b) favours maintaining the exception.

(1) Subject to � and in accordance with � a public authority that holds environmental information shall make it available on request.

(1) Subject to paragraphs (2), (3) � a public authority may refuse to disclose environmental information requested if �