East Devon District Council

The complainant has requested information relating to advice given to council members as to whether to vote on, sit on, or attend a specific Development Management Committee. The Commissioner’s decision is that East Devon District Council has correctly applied the exception where disclosure would adversely affect the course of justice, the ability of a person to receive a fair trial or the ability of a public authority to conduct an inquiry of a criminal or disciplinary nature at regulation 12(5)(b) of the EIR. He has also found that East Devon District Council has breached regulation 5(2) for not responding to the complainant within the statutory timeframe but does not require it to take any steps to ensure compliance with the legislation.