Tees Valley Combined Authority v The Information Commissioner & Anor

Tees Valley Combined Authority v The Information Commissioner & Anor

The valuation reports are environmental information under Regulation 2(1)(c) EIR as they are information on measures or activities affecting or likely to affect the environment, specifically the redevelopment and regeneration of contaminated land. The reports contain details about the state and value of land, contamination, remediation, and are integral to public authority decision-making regarding environmental matters. Access to these reports enables public participation in environmental decision-making. The Commissioner was correct to require the Authority to handle the requests under EIR.

Parties
Appellant: Tees Valley Combined Authority; First Respondent: The Information Commissioner; Second Respondent (ft/ea/2024/0171 Only): Gillian Tarry; Requestor (ft/ea/2024/0120 Only): Richard Brooks
Jurisdiction
England and Wales
Judgment Date
21 February 2025
Procedural Posture
Appeal / Final Judgment
Outcome
Appeals dismissed
Legal Topics
Environmental Information Regulations, Freedom of Information Act, Public Access to Environmental Information, Land Valuation, Brownfield Redevelopment
Administrative Law Environmental Law Information Rights Environmental Information Regulations Freedom of Information Act Public Access to Environmental Information Land Valuation Brownfield Redevelopment

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Parties

Tees Valley Combined Authority

Appellant

The Information Commissioner

First Respondent

Gillian Tarry

Second Respondent (ft/ea/2024/0171 Only)

Richard Brooks

Requestor (ft/ea/2024/0120 Only)

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 Whether the requested information constitutes environmental information under the EIR
  2. 2 Whether the Authority was entitled to rely on FOIA exemptions to withhold information

Ratio Decidendi

The valuation reports are environmental information under Regulation 2(1)(c) EIR as they are information on measures or activities affecting or likely to affect the environment, specifically the redevelopment and regeneration of contaminated land. The reports contain details about the state and value of land, contamination, remediation, and are integral to public authority decision-making regarding environmental matters. Access to these reports enables public participation in environmental decision-making. The Commissioner was correct to require the Authority to handle the requests under EIR.

Court Disposition

Appeals dismissed

Orders

  • Tees Valley Combined Authority must take the steps ordered by the Commissioner in decision notice IC-265274-X3J2 of 19 March 2024 within 35 calendar days of the date this decision is sent to the parties.
  • Tees Valley Combined Authority must take the steps ordered by the Commissioner in decision notice IC-253841-L8V1 of 29 February 2024 within 35 calendar days of the date this decision is sent to the parties.