Information Commissioner's Office

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You are here: BAILII >> Databases >> Information Commissioner's Office >> Somerset County Council (Local government) [2020] UKICO fer0893808 (23 June 2020)
URL: http://www.bailii.org/uk/cases/UKICO/2020/fer0893808.html
Cite as: [2020] UKICO fer0893808, [2020] UKICO fer893808

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Somerset County Council

The complainant requested planning related information in relation to a proposed housing scheme. Somerset County Council (the ‘Council’) provided some information but withheld the remainder citing Regulation 12(4)(e) of the EIR, the exception for internal communications. During the course of the Commissioner’s investigation, the Council revisited the withheld information and subsequently disclosed a letter and emails which it said did not constitute ‘internal communications’ as they had been shared externally with the developer. The Council maintained that Regulation 12(4)(e) applied to the two remaining memos in scope of the request. The Commissioner’s decision is that the Council was correct to consider this request under the EIR. She also finds that it has applied Regulation 12(4)(e) to the remaining withheld information correctly. She concludes that the weight of the public interest lies in maintaining the Council’s application of this exception. However, she finds that the Council breached Regulation 5(2) of the EIR by failing to respond to the request within the statutory 20 working days’ time limit. The Commissioner does not require the Council to take any remedial steps to ensure compliance with the legislation.

EIR 5(2): Complaint upheld EIR 12(4)(e): Complaint partly upheld

Decision notice: fer0893808