Summary: The complainant requested the Council to release the legal advice it obtained relating to a planning enforcement matter, which was currently at appeal. The Council responded to this request, refusing to disclose the requested information as it considered that it was exempt from disclosure under regulations 12(5)(b) and 12(5)(g) of the EIR. After investigating the case the Commissioner decided that regulation 12(5)(b) was engaged and that the public interest in maintaining the exception outweighed the public interest in disclosing the information. As the Council was correct to withhold the information under regulation 12(5)(b) the Commissioner did not consider the Council-™s application of regulation 12(5)(g).
Section of Act/EIR & Finding: EIR 12.5.b - Complaint Not upheld