Cornwall Council

The complainant requested information relating to a planning enforcement case. Cornwall Council variously relied upon Regulation 12(5)(b) (administration of justice), Regulation 12(5)(f) (voluntary supply) and Regulation 13 of the EIR to withhold information. The Commissioner’s decision is that the Council has correctly relied upon Regulations 12(5)(b) to withhold information and that the balance of the public interest favours maintaining that exception. She also finds that the Council has not demonstrated why Regulation 12(5)(f) is engaged and is therefore not entitled to rely on that exception. In respect of Regulation 13, the Commissioner only finds that this is engaged in respect of some of the withheld information. The Commissioner requires the Council to take the following steps to ensure compliance with the legislation: Disclose all the photographs it has withheld. The Council must take appropriate steps to obscure the identity of any individual pictured in any of the photographs; Disclose the information identified in the confidential annex.