Conwy County Borough Council

The complainant requested various information in relation to planning application 0/44248 ‘ Hafotty Ucha Wind Farm Repowering’ from Conwy County Borough Council (the Council). The Council provided some information, but withheld one document in reliance on section 42 (legal professional privilege) of the FOIA. During the course of the Commissioner’s investigation, the Council disclosed the remaining document, however the complainant was not satisfied that all information falling within the scope of her request had been identified. Although the Council should have considered this request under the EIR, the Commissioner’s decision is that it has now complied with the requirements of regulation 5(1) (making information available on request) in that it identified all the information it held falling within the scope of the request. However, in failing to provide the information within the timescales stipulated the Council has breached regulation 5(2) EIR.