Cheshire West and Chester Council

The complainant has requested copies of correspondence in relation to a specific planning application. The Commissioner’s decision is that Cheshire West and Chester Council has incorrectly 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. The Commissioner requires the public authority to disclose the information withheld under regulation 12(5)(b).