Right to Know has won a case where An Bord Pleanála looked to charge €3,234.30 for access to an electronic copy of a case file.
In a request made under the Access to Information on the Environment (AIE) Regulations, our legal adviser Fred Logue had asked for a file transfer of documents from a housing development in North Dublin which were not available online.
An Bord Pleanála replied to say that somebody could come in person to view the records but that scanning and copying fees would apply to be provided with an electronic file transfer.
They later came back and said that the charge for the documents would be €3,234.20 and for us to fill out a detailed form to ensure access.
We sought internal review saying the fee was not allowed for under the AIE Regulations and that there was no obligation to fill out any form.
An Bord Pleanála responded to say they upheld the initial decision and we sought review with the Commissioner for Environmental Information (CEI).
There are two main strands to the decision, the requirement to fill out a form and the outrageous demand for fees.
On filling out a form, An Bord Pleanála said this was done to ensure users complied with “legal obligations, including those related to copyright and data protection”.
The CEI said however that this could not be justified saying: “A person who received environmental information on foot of a request must be free to circulate that to others who might have an interest in the information.
“I therefore find that ABP should not have required the appellant to sign the declaration form when granting him access to information under the AIE Regulations.”
On the fees, the CEI said it was completely unclear how An Bord Pleanála had calculated the total and said the €3,234.20 sum was “objectively unreasonable” and would deter people from trying to access information on the environment.
The planning board were directed to release electronic copies of the information in full and for free.
The decision added: “I do not think it would be reasonable to allow a public authority to rely on its own failure to adequately organise its information to justify the imposition of a charge on the appellant in respect of work which arguably would not have been required had proper document management arrangements been in place.”
You can read the full decision at the following link: https://www.ocei.ie/en/ombudsman-decision/96fec-right-to-know-clg-and-an-bord-pleanala/