Information Commissioner's Office

Summary: The complainant made a request to the Highways Agency for the legal advice obtained by it in relation to a planning inquiry relating to restrictions put in place at the Orwell Crossing Lorry Park in Suffolk both before and after the Planning Inspector made his decision to allow the appeal by the lorry park owners in July 2007. The complainant also requested correspondence between the Highways Agency and a number of bodies relating to the provision of parking facilities now and in the future for lorries and heavy goods vehicles in the county. Finally the complainant requested any index or appendix attached to any of the information relevant to the requests set out above. The Highways Agency provided some of the information requested by the complainant however it refused to disclose information pertaining to the legal advice as it stated that it was exempt from disclosure under section 42(1) of the Freedom of Information Act 2000 (the -�Act-�). Furthermore the Highways Agency confirmed that it did not hold any index or appendix attached to the withheld legal advice. The Commissioner considers that the Highways Agency incorrectly dealt with the complainant-�s request under the Act and should have processed it under the Environmental Information Regulations 2004 (the -�Regulations-�) as it was a request for environmental information. However the Commissioner has concluded that the information pertaining to the legal advice is excepted from disclosure by virtue of Regulation 12(5)(b) and therefore the Highways Agency was not obliged to comply with Regulation 5(1). Furthermore the Commissioner considers that the Highways Agency does not hold any index or appendix attached to the legal advice under Regulation 12(4)(a). Finally the Commissioner considers that the Highways Agency breached Regulation 14(1), 14(2) and 14(3)(a) as it failed to deal with the request under the correct access regime.
Section of Act/EIR & Finding: FOI 42 - Complaint Upheld, EIR 5 - Complaint Not upheld, EIR 12.4.a - Complaint Not upheld, EIR 12.5.b - Complaint Not upheld, EIR 14 - Complaint Upheld, EIR 14 - Complaint Upheld, EIR 14 - Complaint Upheld