The complainant has requested legal guidance held by the council relating to its application of vehicle weight restrictions to parts of the A36 for an 18 month trial period. The council refused the information on the grounds that the information was subject to legal professional privilege under section 42 of the Freedom of Information Act 2000. The Commissioner’s decision is that the requested information is environmental information as defined under section 2 of the Environmental Information Regulations 2004. Bath and North East Somerset Council (BATHNESS) was therefore not correct to consider the information under the Freedom of information Act. The Commissioner requires the public authority to consider the request in accordance with the Environmental Information Regulations 2004 and either to disclose the information or to issue a valid refusal notice.
Section of Act/EIR and Finding: FOI 1 – Complaint Upheld
[2012] UKICO FS50429444
Bailii
England and Wales
Information
Updated: 17 November 2021; Ref: scu.529375