In February 2012, the citizen Lazar Lazarov filed a request to the Mayor of Elin Pelin for all documentation related to the procedure for approving the expansion of the airfield in the village of Lesnovo. This included the approval of respective changes in the spatial development plan, a request for evaluation of the necessity of performing an Environmental Impact Assessment, evaluation of the management and control over the environment, proposed and approved noise map, etc.
The Mayor refused access to the requested information on the grounds that the larger volume had not been generated by the municipality and that it was not public information under the meaning of the Access to Public Information Act as it related to the provision of administrative services, like the approval of the Detailed Spatial Development Plan.
By a Decision No. 448 of June 5, 2012 (in Bulgarian), the Administrative Court Sofia District repealed the refusal and returned the request to the mayor for reconsideration. The Justices found that the requested information was public under the meaning of the APIA since it was related to the public life in the village and affected the rights of every inhabitant.
By a Decision No. 704 of 16 January 2013 (in Bulgarian), the Supreme Administrative Court upheld the decision of the Administrative court – Sofia District (ACSD) of June 2012 repealing the refusal by the mayor of Elin Pelin Municipality to provide information concerning the procedure for approving the expansion of the airfield in the village of Lesnovo.
The court notes that in this case is requested information on issuing and approving a detailed spatial development plan, an environmental impact assessment and other documents concerning the designation of a real-estate and expansion of an airfield, i. e. concerning a construction affecting the public life in the village of Lesnovo. The information in the documents sought would allow the citizens, including the requester to form their opinion on the activities of state and local government bodies.