South Tyneside Council

The complainant requested information, including an enforcement file, relating to a specified planning application. South Tyneside Council (the ‘Council’) handled the request under the EIR and provided some information with redactions for personal information. It withheld the remainder citing Regulation 12(5)(b) (course of justice). Following its internal review, the Council revised its position; it now said that no enforcement file was held in accordance with Regulation 12(4)(a) and that all information in scope of the request had been provided. The complainant confirmed she was not concerned with the redacted personal information, so the Commissioner has not considered this aspect any further. The Commissioner’s decision is that the Council was correct to handle this request under the EIR. He also finds that, on the balance of probabilities, the Council does not hold any further information in scope of the request. However, the Council also breached Regulation 5(2) of the EIR by failing to provide information within 20 working days, and Regulation 11(4) as it failed to provide an internal review within 40 working days. The Commissioner does not require the Council to take any steps to ensure compliance with the legislation.