Cardiff Council

The complainant requested information relating to a particular building in Cardiff Bay. Cardiff Council (‘the Council’) initially stated that the information was exempt under section 22 as it was intended for future publication. In its internal review, the Council withdrew reliance on section 22, provided some information, stated other information was not held, applied section 12(1) to part of the request and withheld some information under sections 40(2) and 42. The complaint to the Commissioner related to the Council’s application of section 42 to part 6 of the request. The Commissioner has determined that the request should have been considered under the EIR. The Commissioner has also concluded that the information requested is exempt from disclosure on the basis of the exception at regulation 12(5)(b) of the EIR, the course of justice exception. The Commissioner does not require any steps to be taken.