Summary: The complainant requested legal advice relating to a development agreement regarding the former Odeon cinema in Bradford. The Homes and Communities Agency (-˜HCA-™) refused the request under section 42 of the FOIA as the information attracted legal professional privilege. At the time of the internal review HCA considered that the request may fall under the provisions of the EIR and sought to also apply regulation 12(5)(d) of the EIR. During the course of the Commissioner-™s investigation HCA also sought to rely on regulation 12(5)(b) as the basis to refuse the request. The Commissioner-™s decision is that the correct access regime is the EIR and HCA correctly applied regulation 12(5)(b) to withhold the information. The Commissioner does not require any steps to be taken.
Section of Act/EIR & Finding: EIR 12.5.b - Complaint Not upheld