West Berkshire Council (Local government) [2020] UKICO IC-47841 (18 December 2020)
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West Berkshire Council
The complainant requested from West Berkshire Council (“the Council”) various information relating to planning application 18/02975/FUL. The Council disclosed some information, but also withheld some information under regulation 12(4)(e) of the EIR (internal communications) and regulation 12(5)(d) of the EIR (confidentiality of proceedings). The Commissioner’s decision is that, on the balance of probabilities, the Council did not hold further information that fell within the scope of the request. The Commissioner also finds that the Council did not comply with its obligations under regulation 5(2) of the EIR by not responding to the request within the statutory timeframe. The Commissioner’s decision is that the Council were entitled to withhold some, but not all, of the requested information under regulation 12(4)(e). The Commissioner requires the Council to take the following steps to ensure compliance with the legislation. Disclose to the complainant the information previously withheld under regulation 12(4)(e) which is not classed as an “internal” communication, which is three emails exchanged between the Council and a member of the public. The Council must take these steps within 35 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 5(1):
Complaint not upheld
EIR 5(2):
Complaint upheld
EIR 12(4)(e):
Complaint partly upheld
Decision notice: IC-47841
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URL: http://www.bailii.org/uk/cases/UKICO/2020/ic-47841.html
