Information Commissioner's Office

Newbury Town Council

4 August 2014, Local government (Borough council)

The complainant has requested information relating to subsidence damage to Victoria Park. Newbury Town Council initially applied the exemption for information provided in confidence at section 41 of the FOIA and the exemption for legal professional privilege at section 42 of the FOIA to the requested information. The Commissioner’s decision is that the information requested at points 1 – 4 of the request is environmental and therefore should have been dealt with under the EIR. He has also decided that the exception at regulation 12(5)(b) applies to that information. In relation to the information requested at point 5, the Commissioner has decided that Newbury Town Council was not entitled to rely on section 41 as it has not provided sufficient justification for the application of this exemption. The Commissioner requires the public authority to disclose the information requested at point 5 of the request to ensure compliance with the legislation. Information Tribunal appeal EA/2014/0216 allowed.

FOI 41: Upheld EIR 12(5)(b): Not upheld