25 October 2017, Local government (Unitary council)
The complainant has requested recorded information from Wiltshire Council which concerns a number of planning applications. Some of the information requested by the complainant, in particular section 106 agreements, was subsequently published on the Council’s website, whilst other information within the scope of her request was withheld in reliance on Regulations 12(4)(e) and 12(5)(d) of the EIR. The Commissioner’s decision is that Wiltshire Council has properly applied Regulations 12(4)(e) and 12(5)(d) of the EIR to 10 emails which it held at the time the complainant made her request. She has also decided that the Council breached Regulation 5(2) of the EIR by failing to respond to the complainant’s request within twenty working days.
EIR 12(4)(e): Not upheld EIR 12(5)(d): Not upheld EIR 5(2): Upheld