Information Commissioner's Office

Winchester City Council

24 October 2017, Local government (City council)

The complainant requested information from Winchester City Council (“the council”) relating to a planning application. The council said that it could neither confirm nor deny whether the information was held in reliance on the exemption under section 40(5) of the Freedom of Information Act 2000 (“the FOIA”). The Commissioner considered that the request should have been considered under the Environmental Information Regulations 2004 (“the EIR”) and the Data Protection Act 1998 (“the DPA”). The subject access aspect of the request has been considered separately. The Commissioner found that the exception under regulation 13(5) of the EIR applied and that the council was correct to state that it could neither confirm nor deny whether it held the information. The Commissioner found breaches of regulation 14(2) and 14(3)(a) of the EIR. No steps are required.

EIR 13(5): Not upheld EIR 14(2): Upheld EIR 14(3)(a): Upheld