Information Commissioner's Office

Camden Council

30 June 2008, Local government (District council)

The complainant requested the Council to release a list of its investigation files relating to reported planning infringements in the borough prior to any enforcement action being authorised for the three month period preceding his request. The council refused the complainant’s request citing regulations 13 and 12(5)(b) of the EIR. The Commissioner has considered the requested information and the Council’s application of these exceptions. In respect of those investigations where the alleged planning breach relates to properties owned by individuals and sole traders, the Commissioner has concluded that this information is exempt from disclosure under regulation 13 of the EIR. For those remaining cases where the alleged planning infringement relates to a company, the Commissioner has considered the Council’s application of regulation 12(5)(b) and concluded that this exception is not engaged. The Commissioner has therefore ordered the Council to release this information to the complainant within 35 days of this Notice.

EIR 13: Partly upheld