Bridgend County Borough Council

The complainant requested information about enforcement action with regard to a particular planning application. Bridgend County Borough Council (‘the Council’) initially stated that it did not hold some information, and withheld other information under sections 40(2) and 42 of the FOIA. During the Commissioner’s investigation, the Council disclosed some additional information relevant to the request. The Council also acknowledged that some parts of the request fall to be considered under the EIR as opposed to the FOIA. The Council maintained that the remaining information held relevant to the request was exempt under regulation 12(5)(b) of the EIR and section 40(2) of the FOIA. The Commissioner is satisfied that the Council has correctly applied regulation 12(5)(b) of the EIR and section 40(2) to the remaining withheld information. He does not require any steps to be taken.