16 September 2015, Local government (Other)
The complainant has made a request to the South Downs National Park Authority (SDNPA) for a copy of the legal advice produced in connection with the upgrade of the Meon Valley Trail. The SDNPA considered that this information engaged the ‘course of justice’ (regulation 12(5)(b)) exception to disclosure in the EIR and argued that the balance of the public interest favoured withholding the information. The Commissioner’s decision is that regulation 12(5)(b) of the EIR does apply and that in all the circumstances the public interest in favour of maintaining the exception outweighs the public interest in disclosure. He does not therefore require any steps to be taken by the SDNPA as a result of this notice. This decision notice is currently under appeal to the Tribunal.
EIR 12(5)(b): Not upheld