Craig Aynsley v The Information Commissioner & Anor

Facts

The appellant, Craig Aynsley, purchased a new-build property in Backworth, Newcastle upon Tyne in 2020 which backed onto Backworth Park Primary School. He understood from property searches on North Tyneside Council's Planning Portal that planning conditions had been discharged on the basis that a minimum 2.4 metre-high acoustic fence would be built behind the existing fence at the rear of his property. That fence was never constructed. He later discovered that in 2016 the Council, the developer Story Homes and the landowner had agreed instead to replace the existing fence to a higher specification, the Council contributing £4,411 of public funds, and that a further £4,944 was paid in 2024 for drainage. On 19 December 2024 he requested all documents, emails, specifications and drawings relating to the fence paid for by the Council. The Council refused on 2 January 2025, relying on regulation 12(4)(b) of the Environmental Information Regulations 2004, and upheld that refusal on internal review on 4 March 2025. He complained to the Information Commissioner, who by decision notice of 17 September 2025 found the request manifestly unreasonable and required no further steps. He appealed to the First-tier Tribunal.