The complainants requested information relating to legal advice obtained regarding a planning application. The DOE disclosed some information but withheld the actual legal advice under regulation 12(5)(b) of the EIR. The Commissioner is satisfied that the information requested is environmental information and also finds that regulation 12(5)(b) is engaged. The Commissioner finds that the public interest in maintaining the exception outweighs the public interest in the disclosure of the information. The Commissioner also finds that the DOE was in breach of regulation (5)(2) by failing to release the non-exempt information within 20 working days.
Section of Act/EIR and Finding: EIR 5 – Complaint Upheld, EIR 11 – Complaint Upheld, EIR 14 – Complaint Upheld, EIR 12.5.b – Complaint Not upheld
Citations:
[2010] UKICO FER0214141
Links:
Jurisdiction:
England and Wales
Information
Updated: 14 July 2022; Ref: scu.531266