Information Commissioner's Office

Essex County Council

18 January 2017, Local government (County council)

The complainant has requested all documentation regarding the Integrated Waste Management Facility (IWMF) application (original and addendum). Essex County Council (the council) initially responded by providing a link to the planning application associated with the IWMF in question. The internal review stated that the information was required in permanent form, such as on a disk or USB drive. The council maintained its position that the information was publicly available. During the course of the Commissioner’s investigation, the council clarified that all of the requested information was available to view on the planning register at County Hall with the exception of legal advice which it maintained was excepted from disclosure under regulation 12(5)(b). The Commissioner’s decision is that the council has correctly engaged regulation 6(1)(b) in stating that the majority of the requested information was publicly available and easily accessible. The Commissioner also finds that the council was correct to rely on regulation 12(5)(b) to withhold the legal advice. However, as the council had not issued a refusal notice within 20 working days, the Commissioner finds that the council has breached regulation 14(2). The Commissioner does not require the council to take any steps.

EIR 6(1)(b): Not upheld EIR 12(5)(b): Not upheld EIR 14(2): Upheld