John Parker v The Information Commissioner

Facts

Mr John Parker asked Tendring District Council, on 16 January 2025, for the raw data used to prepare the processed data in Appendix 1 (Assessment of Large Site Commitments) of its Strategic Housing Land Availability Assessment for the years 2020 to 2024. He wanted it as four xlsx spreadsheets, including planning reference numbers, committee dates, appeal numbers and section 106 agreements. The Council replied that the data was not held in a spreadsheet. It pointed out that the planning application numbers appeared in Appendix 1 and that the remaining details could be found on its website by searching against those numbers. After internal review it relied on regulations 6(1) and 6(2)(a) of the Environmental Information Regulations 2004. On Mr Parker's complaint, the Information Commissioner decided on 1 December 2025 that the Council was entitled to rely on regulation 6(1)(b) of the Environmental Information Regulations 2004, because the information was already publicly available and easily accessible in another form or format. The Commissioner also found a breach of regulation 6(2) of the Environmental Information Regulations 2004 for the Council's failure to explain its approach within 20 working days. Mr Parker appealed on six grounds, including breach of regulation 6(1)(a) and (b) and reliance on the Aarhus Convention. The Council declined to be joined but provided written submissions on the Tribunal's direction. The Commissioner did not attend the hearing.