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You are here: BAILII >> Databases >> Information Commissioner's Office >> North Somerset Council (Decision Notice) [2010] UKICO FS50326593 (09 September 2010)
URL: http://www.bailii.org/uk/cases/UKICO/2010/FS50326593.html
Cite as: [2010] UKICO FS50326593
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North Somerset Council (Decision Notice) [2010] UKICO FS50326593 (09 September 2010)
Summary: The complainant requested a copy of legal advice the public authority obtained in relation to a complaint he made to it about an alleged breach of planning control at a residential property neighbouring his own. The public authority applied sections 31(law enforcement) and section 42 (legal professional privilege) of the Act and stated that the information was exempt from disclosure. During the Commissioner-™s investigation the public authority also sought to rely on regulation 12(5)(b) of the EIR. The Commissioner considers the withheld information to constitute environmental information and the relevant legislation under which the request should have been considered to be the EIR. The Commissioner considers that the withheld information is subject to legal professional privilege and that it is exempt by virtue of regulation 12(5)(b) of the EIR. He found procedural breaches in the way the public authority handled the request but requires no steps to be taken. Information Tribunal appeal number EA/2010/0184 dismissed.
Section of Act/EIR & Finding: EIR 11 - Complaint Upheld, EIR 12.5.b - Complaint Not upheld