Information Commissioner's Office

---

You are here: BAILII >> Databases >> Information Commissioner's Office >> Shropshire Council (Local government) [2021] UKICO IC-72438 (12 January 2021)
URL: http://www.bailii.org/uk/cases/UKICO/2021/ic-72438.html
Cite as: [2021] UKICO IC-72438

---

[New search] [Printable PDF version] [Help]

---

Shropshire Council

The complainant requested planning related information in relation to a proposed development scheme. Shropshire Council (the ‘Council’) initially withheld all the information in scope under Regulation 12(4)(d) of the EIR but, following an internal review, it disclosed some of the requested information to the complainant. Additionally, during the course of the Commissioner’s investigation, the Council disclosed a further three documents to the complainant. It maintained that Regulation 12(4)(d) applied to the remaining information 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 correctly applied Regulation 12(4)(d) of the EIR to the remaining withheld information. She concludes that the weight of the public interest lies in maintaining the Council’s application of this exception. The Commissioner also 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. However, as this request was correctly considered under the EIR which allows a public authority 40 working days to complete an internal review, the Commissioner finds that the Council complied with the requirements of Regulation 11(4) of the EIR. The Commissioner does not require the Council to take any steps as a result of this notice.

EIR 11(4): Complaint not upheld EIR 12(4)(d): Complaint not upheld EIR 5(2): Complaint upheld

Decision notice: IC-72438