Information Commissioner's Office

East Hertfordshire District Council

12 September 2016, Local government (District council)

The complainant has requested information, including legal advice, in respect of the General Permitted Development Order Class Q agricultural buildings to dwelling houses, and paragraphs 108 and 109 of the Planning Practice Guidance. The council provided some information in response to this request, but stated that a portion was legal advice and was exempt under section 42 of the FOIA. During the course of the investigation, the council released an extract of the legal advice to the complainant. It also determined that the EIR was the appropriate legislation and therefore confirmed that it was withholding the remaining information under regulation 12(5)(b). The Commissioner’s decision is that East Hertfordshire District Council has correctly applied the exception at 12(5)(b) and the public interest favours maintaining the exception. However, in responding outside the statutory time frame, the Commissioner finds the council in breach of regulation 5(2). The Commissioner does not require the council to take any steps.

EIR 5(1): Upheld EIR 12(5)(b): Not upheld