The complainant requested information relating to legal advice obtained by the Council regarding two planning applications or Lawful Development Certificates. The Council initially refused to disclose the information by virtue of section 42 of the Act. During his investigation the Commissioner determined that the request should have been handled under the provisions of EIR and the Council agreed. The Council then applied the exception to disclosure provided by regulation 12(5)(b). The Commissioner found that the exception was engaged and the public interest favoured maintaining the exception. The Commissioner has also identified a number of procedural shortcomings in the way the Council handled the complainant’s request but he has not ordered any steps to be taken.
Section of Act/EIR and Finding: EIR 12.5.b – Complaint Not upheld, EIR 14 – Complaint Upheld, EIR 14 – Complaint Upheld, EIR 14 – Complaint Upheld
[2010] UKICO FER0321369
Bailii
England and Wales
Updated: 21 August 2021; Ref: scu.531761