Information Commissioner's Office

Hampshire County Council

26 January 2016, Local government (County council)

The complainant requested information about the creation of a section 106 agreement relating to planning approval on a planning application for a retirement village. The council provided the majority of the information which it holds however it withheld some discussions regarding the section 106 under Regulations 12(5)(b) (course of justice), 12(4)(e) (internal communications) and 12(4)(d) (unfinished documents). The complainant considers that the information should have been disclosed, and that further information must be held in respect of the request. The Commissioner’s decision is that the council has correctly applied all 3 exceptions and that the public interest rests in maintaining the exceptions. He has also decided that on a balance of probabilities, no further information is held falling within the scope of the request. The Commissioner does not require the council to take any steps.

EIR 12(4)(d): Not upheld EIR 12(4)(e): Not upheld EIR 12(5)(b): Not upheld