21 April 2015, Local government (City council)
The complainant has requested information on how a settlement figure of £170 000 was reached which was paid to a developer who won a planning appeal and had costs awarded to it. The council initially applied section 42 of the Act (legal professional privilege). However in response to the Commissioner’s investigations the council reconsidered its position and also sought to apply section 43 (prejudice to commercial interests), section 41 (information provided in confidence) and section 40 (personal data) in addition to section 42. The Commissioner’s decision is that the council was correct to apply section 42 and 41. As such he has not considered the application of section 43 further or section 40 further. The Commissioner does not require the council to take any steps
FOI 41: Not upheld FOI 42: Not upheld