Information Commissioner's Office

Summary: The complainant requested emails sent or received by senior members of the borough council relating to planned housing developments in the area. The council initially applied the exemption in Section 36 of the Act (prejudice to the effective conduct of public affairs), however the Commissioner wrote to the council stating that in his view the information was environmental information and should have been considered under the Environmental Information Regulations 2004. The council therefore reconsidered its position and applied the exception in regulation 12(4)(e) (internal communications). The Commissioner has decided that the council was correct to apply regulation 12(4)(e) to the majority of the information, and that the public interest rests in maintaining the exception in this case. However he has also decided that some information does not engage the exception as it was not contained in internal communications; it had been received from other councils. Hence the Commissioners decision is that this information should be disclosed.
Section of Act/EIR & Finding: EIR 12.4.e - Complaint Partly Upheld, EIR 14 - Complaint Upheld, EIR 14 - Complaint Upheld