Fareham Borough Council
- Date 30 January 2019
- Sector Local government
- Decision(s) EIR 12.5.b: Not upheld, EIR 14: Upheld, FOI 42: Not upheld
The complainant has submitted a request for information to Fareham Borough Council about legal advice received by the Council in respect of planning application matters. The Council withheld the information under section 42(1) of the FOIA and regulation 12(5)(b) of the EIR. The Commissioner’s decision is that the Council is entitled to withhold the information under section 42(1) FOIA and regulation 12(5)(b) EIR. However, in failing to consider the request under the EIR, the Council breached the requirement of regulation 14. The Commissioner does not require the public authority to take any steps.