West Lancashire Borough Council

The complainant has requested information relating to a community infrastructure charge laid on his property, and any information which led to legal proceedings being taken against him for the payment of money which the council considers he owes as a result of this charge. The council provided some information however it withheld other information on the basis that section 42 of the Act was applicable (legal professional privilege). However during the course of the Commissioner's investigation the council changed its decision to rely upon Regulation 12(5)(b) of the EIR (course of justice). The Commissioner’s decision is that the council was correct to apply Regulation 12(5)(b) to the information and that the public interests rests in the exemption being maintained. The Commissioner does not therefore require the council to take any steps