Learn about making an FOI or EIR request to gather facts for your case to protect nature.
Everyone has the right to ask to view information held by public authorities under the Freedom of Information Act 2000 and Freedom of Information (Scotland) Act 2002. If you’re looking to oppose or ask for changes to a planning application in the interests of wildlife, these requests can be a useful way to find supporting information.
The Environmental Information Regulations 2004 and Environmental Information (Scotland) Regulations 2004 cover requests for environmental information specifically.
A Freedom of Information (FOI) request is a type of request that individuals or organisations can make to public authorities to obtain information that is not routinely made available. In the context of the planning process, an FOI request can be used to obtain information from local councils, government agencies or other public bodies, regarding planning decisions and developments. Such information may include pre-application enquiries and the planning authority’s responses to these, emails, or other supporting information eg financial or viability reports (although any commercially sensitive information will likely be redacted).
An Environmental Information Regulations (EIR) request is a type of request that individuals or organisations can make to public authorities to specifically obtain environmental information. The regulations require public authorities to make environmental information available to the public upon request, subject to certain exceptions.
Environmental information can include data, reports, studies, assessments, and other materials that relate to the state of the environment, such as air quality, water quality, biodiversity, waste management and land use. EIR requests can be made to a range of public authorities, including local councils, government agencies and other public bodies.
Obtaining information via the FOI or EIR route can take some time – usually public authorities need to respond within 20 working days, but they may need longer. Any information assessed as part of the planning application process should be publicly available on the planning authority’s website.
If you can’t find a particular document, ask the Planning Officer dealing with the case in the first instance before submitting an FOI or EIR request.
Everything you need to know about how to obtain information from a public authority through a FOI or EIR request can be found on the Information Commissioner’s Office (ICO) website. It contains lots of useful information such as email/letter templates, tips for making a clear request, and advice on how organisations should respond to your request.
The key thing is to ensure that you submit a carefully worded question to get the most from your request.
Submit your FOI/EIR request to the person within the public authority who deals with information requests, usually the Information Officer. Find their contact details on the authority’s website. You can make requests by email, letter or online form. Make sure to keep a record of your request and any correspondence you receive.
If you don’t receive a response to your FOI/EIR request within the statutory time limit (usually 20 working days), follow up with the public authority to check on the status of your request.
It is important to note that there may be exceptions to the release of certain information, such as commercially sensitive information or information that could harm national security or personal privacy. The public authority will inform you if an exception applies to your request.
If you disagree with the public authority’s response to your request, you can ask them to review their decision. The ICO’s website includes a template letter that you could use as a guide. If you’re unhappy with the outcome of the internal review, you can complain to the ICO within six weeks of the authority’s response.
