Department for Communities and Local Government

The complainant requested submissions, memos and emails which led to the Secretary of State’s decision to extend part of the complainant’s Unitary Development Plan relating to its affordable housing policy. The public authority disclosed a substantial part of the information held and originally withheld the remainder on the basis of an exemption in section 36 of the Act. The Commissioner decided that the requests should have been addressed under the Environmental Information Regulations (EIR). The public authority subsequently relied on the exception at regulation 12(4)(e). The Commissioner found that the withheld information was correctly withheld on the basis of regulation 12(4)(e) but in all the circumstances of the case the public interest in maintaining the exception did not outweigh the public interest in disclosure. The Commissioner therefore requires all the withheld information to be disclosed to the complainant.