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Information Commissioner's Office


You are here: BAILII >> Databases >> Information Commissioner's Office >> Royal Borough of Kingston Upon Thames (Local government) [2025] UKICO 339024 (9 May 2025)
URL: http://www.bailii.org/uk/cases/UKICO/2025/339024.html
Cite as: [2025] UKICO 339024

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Link to IOC for full Decision notice pdf file: Royal Borough of Kingston Upon Thames (Local government) [2025] UKICO 339024 (9 May 2025)

The complainant requested information from the Royal Borough of Kingston Upon Thames ("the Council") relating to three planning applications. The Commissioner's decision is that the Council is not entitled to rely on regulation 12(4)(b) (manifestly unreasonable) of the EIR to refuse to provide email correspondence held within the email inboxes of three planning officers that falls within the scope of the request. However, the Commissioner finds that the Council is entitled to rely on regulation 13(1) (personal data of a third party) and regulation 5(3) (personal data of the requester) to withhold information relating to three planning enforcement cases. He also finds that on the balance of probabilities, the Council does not hold further information within the scope of the request which has not already been provided the complainant, withheld under an exception, or is available within the public domain. The Commissioner requires the Council to take the following steps to ensure compliance with the legislation. In respect of the information which the Council withheld under regulation 12(4)(b) of the EIR, the Council must provide the complainant with a fresh response which does not rely on regulation 12(4)(b) The Council must take these steps within 30 calendar days of the date of this decision notice. Failure to comply may result in the Commissioner making written certification of this fact to the High Court pursuant to section 54 of the Act and may be dealt with as a contempt of court.

  • EIR 12.4.b:Upheld
  • EIR 13.1:Not upheld
  • EIR 5.1:Not upheld
  • EIR 5.3:Not upheld
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