17 September 2007, Local government (Borough council)
The complainant requested information relating to a planning application to demolish property used by Redcar & Cleveland College (the “College”) for redevelopment purposes. Redcar and Cleveland Borough Council (the “Council”) claimed that most of the information sought was already available for public inspection. It asserted that the remainder consisted of “pre-application discussions” carried out with the College in confidence. It refused to supply this information, citing exemptions at section 41 and section 43 of the Freedom of Information Act 2000 (the “Act”). The Information Commissioner considered that the Environmental Information Regulations 2004 (the “EIR”) was the appropriate access regime in respect of the information, but agreed with the Council’s re-assessment that the non-disclosure exception at regulation 12(5)(f) applied.
EIR 12.5.f: Not upheld