Oxfordshire County Council

The complainant requested copies of three documents which the owner of a local mineral development site had provided to Oxfordshire County Council (the council). Whilst the council provided copies of two of the documents requested, it stated that it was to withhold the third, which contained counsel opinion (Counsel Opinion document), under regulation 12(5)(f) of the EIR – interests of the person who provided the information. The Commissioner’s decision is that the council has failed to demonstrate why regulation 12(5)(f) is engaged, and therefore, it is not entitled to rely on that exception. The Commissioner requires the council to disclose the Counsel Opinion document, with the exception of the personal data described within paragraph 89 of this decision notice, which should be redacted.