Information Commissioner's Office

Kings Lynn and West Norfolk Borough Council

8 January 2008, Local government (Borough council)

The complainant requested information from the Council in connection with a planning application and disposal of open space relating to the Hunstanton Green / Pier Project. The request was declined by the Council on the basis that the information was subject to legal professional privilege and was therefore exempted under section 42 of the Act. After requesting a copy of the withheld information and further information about the refusal, the Commissioner concluded that although the requests should have been dealt with under the Environmental Information Regulations 2004, the claim that the legal advice it obtained dated 24 January 2006 was subject to legal professional privilege nevertheless applied and that this information was exempt from disclosure by virtue of Regulation 12(5)(b). However, in relation to other information, concerning the instructions to the external legal adviser (and the clarification of these instructions), the Commissioner found that the Council had waived its right to claim legal professional privilege. As a result the Commissioner concluded that this information was not exempt from disclosure under regulation 12(5)(b) and that it should be released to the complainant within 35 days of this Notice. This decision notice is currently under appeal to the Information Tribunal.

EIR 12.5.b: Partly upheld