Archived press release

Information Tribunal rules against excessive public charges

29 March 2006

Victory for commonsense in first environmental information case

In a landmark decision, the Information Tribunal today overturned the decision of the Information Commissioner that it was reasonable for a local authority to charge large sums for photocopies of planning documents [1]. This was the first decision of the Information Tribunal in relation to the Environmental Information Regulations 2004.

The case was conducted by Friends of the Earth’s Rights & Justice Centre on behalf of David Markinson a member of the public who had tried to obtain copies of various documents held on the planning files of Kings Lynn and West Norfolk Borough Council.

The Tribunal agreed that the Information Commissioner was wrong and that the charges – in this instance of up to £6.50 per photo copy - were unreasonable. The effect of the Tribunal’s decision is that planning authorities will in future have to justify any photocopying charges greater than 10p per sheet. The guidelines set out by the Tribunal [2] mean that it will be very difficult for an authority to do that. At present, local planning authorities charge anything up to £40 for copies of some planning decision notices.

Friends of the Earth’s Head of Legal, Phil Michaels said:

“This is a very important decision by the Information Tribunal. For years, members of the public have been prevented from using their rights of access to important environmental information because of the prohibitive copying costs imposed by local authorities. This decision will mean that information will now become genuinely accessible to members of the public.”

David Markinson, who brought the case said:

“I am delighted by this decision. The Council’s charges for photocopies of these documents were exorbitant and completely undermined the purpose of the freedom of information legislation. I was very disappointed that the Information Commissioner accepted that these charges were reasonable but am very pleased that the Tribunal has overturned that decision.”

Mr Markinson complained to the Information Commissioner about the Council’s charging schedule which meant that copies of most documents were charged at 50p per sheet whilst copies of planning decision notices were charged at £6.50. Importantly, those charges are similar to the charges imposed by other councils around the country for copies of documents held on planning files. The Information Commissioner’s Office had previously also found that it was reasonable for planning authorities to charge £16 for Decision Notices and £6 for copies of letters on a planning file. [3]

The Information Commissioner had rejected Mr Markinson’s complaint, ruling that the Council was entitled to charge whatever amount it considered reasonable. In evidence to the Tribunal the Information Commissioner’s Office also set out its view that the charges were, in any event, reasonable.

The Secretary of State for the Environment, Margaret Beckett, also applied to the Tribunal in order to support the arguments of the Information Commissioner against Mr Markinson and Friends of the Earth.

Friends of the Earth’s Rights & Justice Centre argued that the Information Commissioner had not correctly understood or applied the legislation and had failed to have regard to relevant Government guidance.

Notes

[1] The Decision will shortly be available on the website of the Information Tribunal. In the meantime copies can be obtained from Friends of the Earth.

[2] Paragraphs 41-45 of the Decision set out the new Decision Notice.

Para. 44(c) states that:
“The Council should be free to exceed that guide price figure [10p per sheet] only if it can demonstrate that there is a good reason for it to do so, and in considering whether any such reason exists the Council should:

1. take due regard of the guidance set out in the “Code of Practice on the discharge of the obligations of public authorities under the Environmental Information Regulations 2004” and the “Guidance to the Environmental Information Regulations 2004”, both published by DEFRA, to the effect that any charge should be at a level that does not exceed the cost of producing the copies;
2. disregard any costs, including staff costs, associated with the maintenance of the information in question or its identification or extraction from storage; and
3. disregard any factors beyond the number and size of sheets to be copied, in particular, the real or perceived significance of the content, or the effect that any charging structure may have on the Council’s revenue or its staff workload.”

[3] Freedom of Information Act 2000 (Section 50) Environmental Information Regulations 2004 Decision Notice Dated 21st July 2005

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Published by Friends of the Earth Trust