Information Commissioner's Office

Cornwall Council

7 July 2014, Local government (District council)

The complainant has requested information in relation to advice given on a planning application for an incinerator. Cornwall Council (the council) provided some information but refused the remaining, relying on section 12(5)(b) and 12(4)(d) of the EIR. The Commissioner’s decision is that the council has correctly relied on 12(5)(b) for the information it withheld under this exception, but has found that regulation 12(4)(d) of the EIR is not engaged for the information withheld under this exception. The Commissioner has also found that the council has breached regulation 5(2) of the EIR, as it did not respond within the required 20 working days of the request, and regulation 11(4) of the EIR for not providing an internal review within the required time limits. The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation. Provide the complainant with a copy of the information it withheld under regulation 12(4)(d) of the EIR.

EIR 5: Upheld EIR 11: Upheld