The Howard of Effingham School

The complainant has requested copies of any correspondence between the Howard of Effingham School (the school) and Berkeley Homes in relation to the plans to build a new school and use the existing school site for new housing. The school disclosed some information but withheld approximately 600 emails under regulation 12(4)(b) of the EIR and a number of documents, some in full some in part, under regulations 12(4)(d), 12(5)(e) and 12(5)(f) of the EIR. In relation to the application of regulation 12(4)(b) of the EIR, the Commissioner has decided that this exception is not engaged. Concerning the application of regulations 12(4)(d), 12(5)(e) and 12(5)(f) of the EIR, the Commissioner’s decision is that each exception has been applied correctly in part but there is information the school holds to which these exceptions do not apply. The Commissioner requires the school to issue a fresh response under the EIR for the emails withheld under regulation 12(4)(b) of the EIR and to disclose those documents he has decided should not be withheld under regulations 12(4)(d), 12(5)(e) and 12(5)(f) to the complainant within 35 days of the date of the notice. This decision notice is currently under appeal to the Tribunal.