British
and Irish Legal Information Institute
Freely Available British and Irish Public Legal Information
[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]
Information Commissioner's Office
You are here: BAILII >> Databases >> Information Commissioner's Office >> Uttlesford District Council (Decision Notice) [2011] UKICO FER0379794 (19 October 2011)
URL: http://www.bailii.org/uk/cases/UKICO/2011/FER0379794.html
Cite as: [2011] UKICO FER379794, [2011] UKICO FER0379794
[New search] [Printable PDF version] [Help]
Uttlesford District Council (Decision Notice) [2011] UKICO FER0379794 (19 October 2011)
Summary: The complainant has requested Uttlesford District Council (-˜the Council-™) to release information relating to the planning applications submitted by Tesco and Sainsbury-™s. The Commissioner-™s decision is that Council appropriately relied upon regulation 12(5)(b) of the EIR for the non disclosure of the emails between its planning officer and Counsel and the annotations Counsel made to two draft reports. However, in relation to contents of the draft reports themselves (with annotations redacted), the Commissioner has decided that although regulation 12(4)(d) applies to this information, the public interest in maintaining this exception is outweighed by the public interest in favour of disclosure. The Commissioner requires the Council to take the following steps to ensure compliance with the legislation: the Council should disclose the six draft reports identified in paragraph 9 of this notice, with any annotations made by Counsel redacted. Information Tribunal appeal EA/2011/0269 allowed.
Section of Act/EIR & Finding: EIR 12.4.d - Complaint Upheld, EIR 12.5.b - Complaint Upheld