The Anti-Incinerator campaign today received a real boost from the Information Commissioner’s Office (ICO).
The ICO ruled to uphold a complaint that HCC and Veolia should have released information about their planned incinerator’s emissions under the Environmental Information Regulations.
HCC and Veolia had claimed the information was commercially sensitive and would breach intellectual property rights if it was released. Whilst the ICO agreed the material was commercially sensitive, they found that this was not a reason for non-disclosure as the EIR legislation states that emissions information can’t be withheld on this basis.
Cathy Roe, of HAI, pointed out to HCC that this information was pertinent to the decision and should have been released at the determination meeting at County Hall in October.
Paul Zukowskyj, HAI exec member commented “The ICO’s decision is clear and unambiguous, HCC and Veolia were not justified in withholding ANY of the information. They should have released it, now the ICO will MAKE them release it.
“We could have used this information to expand our objection to the planning application if HCC and Veolia had released it when they should have. If we have to take them to court for a Judicial Review, their failure to release this information may be viewed by the court as a failure of the planning process and it may help derail the project for good. I’ve been in touch with the New Barnfield Action Fund’s solicitor today to seek legal guidance about this.
“We call on HCC to release the material that should have been submitted with the planning application immediately and not to waste public resources on an appeal.”