Summary: The complainant made a verbal request to inspect information held by the Planning Service on Planning Application file T199/0394. The Planning Service permitted the complainant to view the file but withheld some of the information contained within it on the basis that the exception in Regulation 12(5)(b) applied. The Commissioner has decided that the Planning Service failed to explain or demonstrate why the exception in Regulation 12(5)(b) applied to the withheld information in this case. It therefore breached Regulations 5(1) and (2) in failing to make that information available to the complainant within twenty working days of the request. He has therefore ordered the Planning Service to make the withheld information available for inspection by the complainant.
Section of Act/EIR & Finding: EIR 5 - Complaint Upheld, EIR 5 - Complaint Upheld, EIR 12.5.b - Complaint Upheld