5 October 2016, Local government (Borough council)
The complainant requested details of pre-application planning advice in relation to two specific planning applications. Test Valley Borough Council withheld the information under regulation 12(3) (personal data), 13 (personal data) and 12(5)(f)(interests of the person who provided the information) of the EIR. During the Commissioner’s investigation, Test Valley Borough Council disclosed the withheld information to the complainant. The Commissioner’s decision is that the Test Valley Borough Council has breached regulation 5(1) of the EIR as it did not disclose the information initially when requested. The Commissioner also considers that as it took longer than 20 working days to disclose the requested information, Test Valley Borough Council has also reached regulation 5(2) of the EIR. The Commissioner does not require Test Valley Borough Council to take any steps as a result of this decision.
EIR 5(1): Upheld