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You are here: BAILII >> Databases >> Information Commissioner's Office >> Chelmsford City Council (Local government) [2020] UKICO IC-44636-D4D4 (29 September 2020)
URL: http://www.bailii.org/uk/cases/UKICO/2020/ic-44636-d4d4.html
Cite as: [2020] UKICO IC-44636-D4D4
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Chelmsford City Council
The complainant requested from Chelmsford City Council information consisting of planning documentation associated with the approved class for a specific property. The Council stated that all relevant documents requested were accessible in its planning portal, except legal advice that the Council sought and received in relation to this property. The Council cited the exemption provided under section 42(1) of the FOIA (legal professional privilege) as its basis for refusing to disclose this document. During the course of the Commissioner’s investigation the Council acknowledged that the request should have been considered under the EIR instead of the FOIA. However, the Council maintained that the withheld information was exempt under regulation 12(5)(b) (the course of justice) of the EIR. The Commissioner’s decision is that the Council has correctly applied regulation 12(5)(b) to the withheld information. The Commissioner requires no further steps to be taken as a result of this decision notice.EIR 12(5)(b): Complaint not upheld
Decision notice: IC-44636-D4D4