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Spelthorne Borough Council has a statutory duty to provide the public with access to the information it holds on the environment. Currently, this duty is held under the Environmental Information Regulations 1992.
From January 2005, the Environmental Information Regulations 2004 will supersede the 1992 regulations. This will bring these regulations in line with the Freedom of Information Act 2000 which also comes into force at this time.
This change means that you can fulfil your right to be informed about the environment, so that you will be able to participate effectively in environmental decision-making; and have access to justice in law with regard to public decisions that have been made.
Obtaining the information
The Environmental Health team regularly receives enquiries from members of the public about the condition of some aspect of Spelthorne’s environment, either in general, or with particular regard to an area of land. The change in the Regulations will not affect the efficiency of the way these requests are handled.
While the request will no longer need to be in writing, it does help the Council to ensure that the correct information is provided. Where a request cannot be made in writing, for whatever reason, the Council will make every reasonable attempt to give the applicant appropriate assistance in making their request.
The timescale for providing the information requested is 20 working days. This refers to the time between receiving the request and posting the information. However, if there is a charge for the information, then the 20 working days will begin once the payment has been received.
Environmental Health services charges
Historical land use enquiry charges are currently £231.50 for commercial enquiries and £115.50 for domestic enquiries.
A general enquiry charge is available for small miscellaneous enquiries where an hourly rate will apply.
Making a complaint
Where an applicant is of the opinion that Spelthorne Borough Council has not dealt with their request in accordance with the Regulations, they have the right to make a complaint to the Council following the Council's complaints procedure (Pdf 7kb). If the applicant is not satisfied with the decision reached by the Council following the complaint procedure the applicant may take their complaint to the Information Commissioner. Provision has been made within the Regulations for the Commissioner to take punitive action against a local authority who does not comply with the Regulations. The Regulations also make provision for the local authority to appeal against an enforcement decision.
Environmental Information Regulations 2004 (external website)
Spelthorne's procedure for providing access to environmental information (Word 88kb)
Differences between Environmental Information Regulations and Freedom Of Information Act (external website)
Draft guidance on the Environmental Information Regulations (external website)
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