Information Commissioner's Office

Waltham Forest Council

18 September 2008, Local government (District council)

The complainant’s request concerned the proposed Tesco development at Highams Park and the legal advice the Council obtained concerning an Environmental Impact Assessment (EIA) and whether one was required prior to a planning officer’s report dated 4 July 2005. The complainant obtained a copy of the internal legal advice the Council received dated 4 February 2004 but he believed this report and the planning officer’s report dated 4 July 2005 suggested that further legal advice was obtained on this issue and was therefore held by the Council. This was the substance of the complainant’s information request to the Council. The Council’s response to this request was unclear. In one response it stated that any such advice would be confidential and in another it advised the complainant that internal advice was sought; namely, the report dated 4 February 2004, but no further legal advice was obtained on this issue. As the complainant remained dissatisfied with this response he approached the Commissioner. The Commissioner considered the complainant’s request and the way in which this was handled by the Council under the EIR. He concluded that no further recorded information was held by the Council of that specified in the complainant’s request and therefore that regulation 12(4)(a) of the EIR applied in this case.

EIR 14: Upheld EIR 14: Upheld EIR 14: Upheld