The complainant has requested information held by Cumbria County Council (the council) relating to a particular planning case. The council provided some information to the complainant in response to the request; however, it advised that it was withholding certain information under regulation 12(5)(b) – the course of justice, of the EIR. The Commissioner has found that part of the withheld information provided for his consideration either did not fall within the scope of the request, or has already been disclosed by the council. With regard to the information contained within the one remaining document that does fall within the scope of the request, it is the Commissioner’s decision that the council has failed to demonstrate that the exception at regulation 12(5)(b) is engaged. Furthermore, the Commissioner has found that the council has breached regulation 5(2) of the EIR, as it failed to provide its response to the complainant’s request within 20 working days. The Commissioner requires the council to disclose the letter dated 13 April 2018, received by the council from the planning applicant’s representative.
EIR 5(2): Complaint upheld EIR 12(5)(b): Complaint upheld
Citations:
[2022] UKICO ic-91428
Links:
Jurisdiction:
England and Wales
Information
Updated: 16 June 2022; Ref: scu.677801
