Information Commissioner's Office

North Norfolk District Council

11 July 2007, Local government (District council)

The complainant requested the Council to release a copy of the legal advice it received in relation to the development of the North Lodge and the North Lodge Park. The Council considered the request and advised the complainant that it felt the information was exempt from disclosure under section 42 of the Act. The complainant remained dissatisfied and approached the Commissioner. After considering the case and the information being withheld, the Commissioner decided that the information was environmental and therefore that the Council should have dealt with the request under the EIR. The Council reconsidered the request under the EIR and claimed that exception 12(5)(b) applied in this case. The Commissioner considered the arguments presented from both parties and concluded that the Council was correct to rely on exception 12(5)(b) and that the public interest in maintaining the exception outweighed the public interest in disclosure, despite the presumption in favour of disclosure set out in regulation 12(2) EIR. Information Tribunal appeal number EA/2007/0074 has been dismissed.

EIR 12: Not upheld