15 December 2005, Local government (District council)
The complainant requested details of the legal opinion on which the Council based its policy of noise control relating Croft motor racing circuit, and copies of correspondence between the Council and counsel relating to that advice. The Council refused to release the advice citing the exemption provided by section 42(1) (legal professional privilege). The Commissioner has agreed that section 42(1) was applied correctly to the information sought by the complainant, and that the public interest in maintaining the exemption outweighed the public interest in disclosing the information.
FOI 42: Not upheld