Environmental Information Regulations

The Environmental Information Regulations 2004 (EIR) provide you with a right of access to a wide range of environmental information held by the Council. The regulations came into full effect in January 2005.

What is Environmental Information?

1. The state of the elements of the environment such as:

Air and Atmosphere
Water
Soil
Land
Landscape and natural sites, wetlands and coastal and marine areas
Biological diversity and its components including genetically modified organisms.

2. The interaction between the elements listed in 1.
3. Factors such as substances, energy, noise, radiation or waste;
4. Emissions, discharges and other releases into the environment;
5. Measures such as policies, legislation, plans, programmes and environmental agreements.
6. Cost benefit and other economic analyses and assumptions used in environmental decision making; and
7. the state of human health and safety, conditions of human life,cultural sites and built structures in as much as they are affected by anything above.

How do I request information?

Anyone who wishes to request information via the Environmental Information Regulations (EIR) should do so using the same process as FOI which is detailed below:

From January 2005 any member of the public can request information which is held here at the Council. The request must be in writing, email or via our online request for information form.

Send requests to:

FOI Officer
South Cambridgeshire District Council
South Cambridgeshire Hall
Cambourne Business Park
Cambourne
CB3 6EA
Email foi@scambs.gov.uk (This link will open in a new window)

All EIR requests will be processed using the same procedures as set out in the Freedom of Information (FOI) policy and procedure.

Refusing your request

All exceptions (equivalent to FOI exemptions) have to be subjected to a public interest test (as defined in the FOI pages).

What are the Exceptions?

The Council may refuse to disclose information where an exception (see below) applies and the public interest in maintaining the exception outweighs the public interest in its disclosure.

1. Information is not held when the request is received.

Although we cannot provide information we do not possess, we are obliged (Reg. 9) to provide advice and assistance.

2. The request is unreasonable.

When the amount of data sought is so large as to be unreasonable - it should be remembered that copies do not have to be provided summaries will suffice.

3. The request is too general.

Where the request is not specific enough. There is, however, a requirement for the County to provide assistance in narrowing down the request.

4. Information intended for future publication.

In this case it would be reasonable to provide the applicant with an estimate of when the data will be published.

5. Request involves the disclosure of internal communications.

This exception is here to prevent the disclosure of internal drafts of a paper or notes from a brainstorming session.

6. Disclosure would affect the course of justice.

Where disclosure would hinder a fair trial or prejudice the ability of the Council to conduct an enquiry. However, this would not apply following a trial.

7. Intellectual property rights.

Disclosure would reveal the intellectual property rights of an organisation.

8. Confidentiality of proceedings.

Where the law requires confidentiality.

9. Commercial or industrial confidentiality.

This applies to information where to disclose it would be actionable and subject to a legal breach of confidence.

10. The interests of the Council.

This occurs when there is no legal obligation on the Council to disclose or there is no consent from third parties to disclose.

11. Environmental protection.

Where to disclose information could lead to the damage of a 'cultural site' or the environment. An example could be information on where there is a rare breed of bird nesting.

12. Personal data.

Information where the Data Protection Act covers disclosure.

Please note:
Exceptions 8, 9, 10 and 11 do not apply when the requested information applies to emissions.