Armagh City, Banbridge and Craigavon Borough Council

The complainant requested an advice note relating to a planning matter. Armagh City, Banbridge and Craigavon Borough Council (the ‘Council’) initially refused to provide the advice note, citing Regulation 12(5)(b), (the course of justice and inquiries), of the EIR. Following its internal review, the Council revised its position and instead relied upon Regulation 12(5)(f) (interests of the information provider) and said that the public interest favoured withholding the requested advice note. The Commissioner’s decision is that the Council was correct to handle this request under the EIR. She finds that Regulation 12(5)(f) of the EIR is engaged and that the balance of the public interest favours maintaining the exception. By failing to carry out its internal review within the statutory 40 working days’ limit, the Council has breached Regulations 11(4) and 11(5) of the EIR. No steps are required as a result of this notice.