Summary: The complainant asked to see legal advice provided to the Planning Inspectorate (PINS) relating to a planning matter. PINS refused to provide it relying on Regulation 12(5)(b) of the Environmental Information Regulations (EIR). The Commissioner decided that the Regulation 12(5)(b) exception is engaged and the public interest in maintaining the exception outweighs the public interest in the disclosure of the withheld information. However he has also found that the delay in PINS-™ response beyond the limit of 20 working days breached Regulation 14(2). Information Tribunal appeal EA/2010/0204 allowed.
Section of Act/EIR & Finding: EIR 12.4.b - Complaint Not upheld, EIR 14 - Complaint Upheld