Information Commissioner's Office

South Hams District Council

30 September 2015, Local government (District council)

The complainant has requested information relating to planning permission for a specific address, including any complaints or representations received by South Hams District Council. South Hams District Council has disclosed some information, explained that some information is available on its website and has refused to disclose some of the requested information citing the exceptions at regulation 12(5)(b) – adverse effect to the course of justice and regulation 13 – personal data. The Commissioner’s decision is that South Hams District Council has, in accordance with regulation 5(1) disclosed all of the information it holds which has not been excepted but in disclosing some information outside of the statutory time limit, has breached regulation 5(2) of the EIR. He considers that in failing to conduct an internal review within 40 working days it has also breached regulation 11(4) but that it has correctly withheld information in accordance with regulations 12(5)(b) and 13. The Commissioner does not require the public authority to take any steps.

EIR 5(2): Upheld EIR 11(4): Upheld EIR 12(5)(b): Not upheld EIR 13: Not upheld