The Regulation is part of a wide group of policies to modernise government and aims to promote a culture of openness and accountability within public authorities. It does this by giving anyone, anywhere, the right to request recorded data held by public authorities.
An Environmental Information Request (EIR) is a request relating to environmental information that a public authority holds (for example, information about land development, pollution levels, energy production, and waste management) which isn’t relating to personal data or general data.
- To be told whether the data exists
- To receive the data (unless it is exempt) and where possible in the format requested
Under the FOI Act 2000, all local authorities have to produce a Publication Scheme (.pdf | 842kb).
This is a directory of data and publications that we already make available, so before you ask for any information, you should check whether it is included in our Publication Scheme.
Please also see Data Transparency for additional information.
The best way is to put your request in writing either by:
- A written request to:
Performance and Communications Team,
North East Derbyshire District Council,
2013 Mill Lane,
When making an EIR request in writing, please also provide:
- Your contact details, normally name and address (email address is acceptable)
- A description of the data you require with timescales (if known)
We will then let you know that we have received your request, that it is being dealt with and the timescales for a reply.
You do not have to refer to the Environmental Information Regulations in your request or give a reason for wanting to see the data. However, it may make it easier for us to find exactly what you want if you mention the Act and tell us why you want the data. You can say which format you would like to receive the data in, such as on paper or electronically, or you can ask to inspect a record.
No, although the EIR allow public authorities to refuse a request for data which is manifestly unreasonable. The inclusion of the word “manifestly” means that there must be an obvious or clear quality to the unreasonableness.
This exception can be used:
- when the request is vexatious; or
- when the cost of compliance with the request would be too great.
We have to respond to you within 20 working days, but we will do our best to provide the data as quickly as possible. For large or complex requests, we are allowed up to 40 working days. We will always let you know if we need this extra time to deal with your request. However, if we ask you to provide clarification of your request, the clock stops until we receive that clarification. The clock also stops between us asking for any applicable fee and the fee being paid. Please check the Publication Scheme (.pdf | 842kb) first to see whether the data you want is already available.
Yes, if an exemption applies. Under Environmental Information Regulations qualified exemptions are subject to a public interest test and cover such areas as commercial interests, law enforcement and health and safety. You will be notified in writing if an exemption applies to some or all of your request. The only other reasons for not providing data are if the request is considered a nuisance, is unreasonable, repeated, or if the required fee is not paid within three months.
If you are still dissatisfied after an internal review has been conducted you can escalate your request to the Information Commissioners Office or see our information booklet.