Information Commissioner's Office

Bradford Metropolitan District Council

16 October 2014, Local government (District council)

The complainant requested information on a pre-planning submission made to the council regarding a potential development in Bradford. After initially claiming that the information was exempt under section 43 of the Act, the council reconsidered the information and then said that the information was exempt under Regulation 12(5)(c) of the EIR, (intellectual property rights). However the council reconsidered its position again and subsequently disclosed the information to the complainant. The complainant however wishes a decision notice as his view was that the information should have been disclosed to him from the outset. The Commissioner’s decision is that the council has failed to comply with Regulation 5(2) which requires that an authority is under a duty to disclose information to a requestor within 20 working days after the date of the receipt of the request (subject to an exemption applying). The Commissioner does not require the authority to take any steps.

EIR 5: Upheld