12 March 2015, Local government (District council)
The complainant has requested information relating to a planning application for a proposed skate park. Horsham District Council disclosed a summary of some legal advice and withheld other information under the exception for adverse effect to the course of justice (regulation 12(5)(b) of the EIR). The Commissioner’s decision is that Horsham District Council disclosed all the (non-excepted) information it holds but in providing some information late it breached regulation 5(2); failed to conduct an internal review within 20 working days and breached regulation 11(4). Correctly applied regulation 12(5)(b) to withhold legal advice. The Commissioner does not require the public authority to take any steps.
EIR 12(5)(b): Partly upheld