London Borough of Hammersmith and Fulham

The complainant has requested information in relation to planning applications in respect of a specific property. London Borough of Hammersmith & Fulham (“the Council”) has disclosed most of the requested information to the complainant, however it refused to disclose the remainder, citing regulations 12(4)(e), 12(5)(f) and 13 as a basis for non-disclosure.The Commissioner’s decision is that the Council has correctly applied regulation 13 of the EIR to the information specifically withheld under it.  The Commissioner has further decided that the Council has incorrectly applied regulations 12(4)(e) and 12(5)(f) to the information it withheld under those regulations.  The Commissioner also finds that the Council breached Regulation 11(4) of the EIR.  The Commissioner requires the Council to take the following steps to ensure compliance with the legislation: To disclose the information previously withheld under regulations 12(4)(e) and 12(5)(f) of the EIR to the complainant.  The public authority must take these steps within 35 calendar days of the date of this decision notice. Failure to comply may result in the Commissioner making written certification of this fact to the High Court pursuant to section 54 of the Act and may be dealt with as a contempt of court.