Peter Morgan v The Information Commissioner

Facts

The appellant was concerned about the storage of building materials during construction work on a neighbouring property. On 29 April 2025 he wrote to Hertfordshire County Council seeking information about licences for storing building materials on a public highway, public liability insurance, and any enforcement action taken over alleged breaches arising from the neighbouring project. The Council refused to confirm or deny whether it held information within the scope of the request, relying on regulation 13(5A) of the Environmental Information Regulations 2004. The appellant sought an internal review on 18 July 2025, and the Council upheld its original decision. He then complained to the Information Commissioner. By a Decision Notice of 23 April 2026, the Commissioner concluded that the Council was entitled to rely on regulation 13(5A) of the Environmental Information Regulations 2004, but that it had breached regulation 5(2) of the Environmental Information Regulations 2004 by not responding within 20 working days. The appellant appealed to the First-tier Tribunal under section 57 of the Freedom of Information Act 2000, as modified by regulation 18 of the Environmental Information Regulations 2004. In his Response of 12 June 2026 the Commissioner applied to strike the appeal out under rule 8(3)(c) of the Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009. Directions of 30 July 2026 required the appellant to file written submissions opposing that application, but he filed none.