Department of the Environment Northern Ireland
- Date 10 February 2010
- Sector Central government
- Decision(s) EIR 11: Upheld, EIR 14: Upheld, EIR 5: Upheld
The complainants requested information relating to legal advice obtained regarding a planning application. The DOE disclosed some information but withheld the actual legal advice under regulation 12(5)(b) of the EIR. The Commissioner is satisfied that the information requested is environmental information and also finds that regulation 12(5)(b) is engaged. The Commissioner finds that the public interest in maintaining the exception outweighs the public interest in the disclosure of the information. The Commissioner also finds that the DOE was in breach of regulation (5)(2) by failing to release the non-exempt information within 20 working days.