Access to Environmental Information under the Environmental Information Regulations 2004(EIR) in relation to a CON29DW Form
Rebecca Stopford made this Environmental Information Regulations request to Thames Water
You only have a right in law to access information about the environment from this authority
This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.
Dear Thames Water,
Access to Environmental Information under the Environmental Information Regulations 2004(EIR)
We write in relation to the Decision of the Upper Tribunal (Administrative Appeals Chamber) in the case of Fish Legal V Information Commissioner, United Utilities Water plc, Yorkshire Water Services Ltd and the Secretary of State for the Environment, Food and Rural Affairs. Upper Tribunal Case Number: GIA/0979/2011.
You will be aware that the decision of the Tribunal is that:
United Utilities plc and Yorkshire Water Services Ltd are public authorities and their responses to Fish Legal’s requests were late.
PSG Connect Limited and its franchisees are involved in obtaining, assessing and collating environmental and other information from a variety of sources, including public authorities, for the purpose of supplying information to legal advisors acting for clients in relation to land and property transfers in England and Wales.
Your company holds and supplies information for the same purpose in the form of the Official Drainage and Water Enquiries for residential and commercial transactions known as form CON29DW, a standard set of 23 Questions.
In light of the decision of the Upper Tribunal referred to above we would be grateful if you could advise us of:
1. What information supplied in form CON29DW you now consider to be Environmental Information as defined under EIR?
2. What information supplied in form CON29DW you do not consider to be Environmental Information as defined under EIR?
3. What arrangements you have, or are planning to put in place to ensure compliance with EIR together with timelines?
4. The process of requesting and obtaining this information under EIR.
We would be grateful a response as soon as possible and in any event within 20 days of receipt of this letter.
We look forward to hearing from you.
PSG Connect Limited
Dear Ms Stopford
Thank you for your email of 20 April 2017.
We note that this email mirrors a request for information made by PSG Connect Limited in a letter dated 19 October 2015. As stated in our response to this previous request, we are not required to respond to the specific questions set out in your email as these do not constitute a request for environmental information under the Environmental Information Regulations.
If you wish to make a request under the EIRs (for example by seeking environmental information in relation to a specific property) we will consider and respond to it in accordance with our obligations and the relevant guidance.
Further information about how Thames Water complies with its obligations under the EIRs can be found at https://www.thameswater.co.uk/sitecore/c... . If you do wish to make a request for environmental information you should either email Thames Water at [Thames Water request email] or contact us by post at:
Thames Water Utilities Limited
Please note that we will generally apply a charge of £25 for staff time for the provision of the above information with our Interim Charging Scheme (please see above link for further information). This amount is payable by cheque prior to the release of the information.
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