12 January 2015, Local government (District council)
The complainant requested a report into the failure of a specific project called Tourism and Rural Access in Cornwall (“TRAC”). Cornwall Council (“the council”) refused to provide the information, using the exception under 12(4)(d) of the Environmental Information Regulations 2004 (“the EIR”). This exception concerns information that relates to material that is still in the course of completion, unfinished documents or incomplete data. During the Commissioner’s investigation, the council published the final report and disclosed a copy of the draft report held at the time of the request to the complainant. The Commissioner has found procedural breaches of regulation 5(2) and 14(2) of the EIR. He does not require any steps to be taken.
EIR 5: Not upheld EIR 12.4.d: Upheld EIR 14: Not upheld