18 October 2016, Local government (County council)
The complainant has requested legal advice relating to planning matters at Hayton Woods. Cumbria County Council withheld the information under the exception for adverse affect to the course of justice (regulation 12(5)(b) of the EIR). The Commissioner’s decision is that Cumbria County Council failed to issue a refusal notice in time and breached regulation 14(2) and correctly applied regulation 12(5)(b) to withhold the information. The Commissioner does not require the public authority to take any steps. This decision notice is currently under appeal to the Tribunal.
EIR 14: Upheld EIR 12(5)(b): Not upheld