Northumberland County Council
- Date 12 April 2021
- Sector Local government
- Decision(s) EIR 12.4.e: Not upheld, EIR 12.5.e: Upheld, EIR 5.1: Not upheld, EIR 5.2: Upheld
The complainant has requested information regarding a planning application viability appraisal. The Commissioner’s decision is that Northumberland County Council incorrectly withheld the viability appraisal document on the basis of regulation 12(5)(e); however it correctly engaged regulation 12(4)(e) to withhold some other information relating to the viability appraisal. The Commissioner does not consider that the council holds any further information in scope of the request. However, she finds that in responding outside of statutory timescales, it failed to comply with the requirements of regulation 5(2). The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation: disclose the viability appraisal. First-tier Tribunal (General Regulatory Chamber) Information Rights appeal EA/2021/0116 appeal allowed.