Buckinghamshire Council

The complainant requested a copy of the legal opinion in respect of a particular planning application. Buckinghamshire Council (the Council) withheld the information under regulations 12(4)(d) (material in the course of completion, 12(4)(e) (internal communications) and 12(5)(b) (course of justice). At the internal review stage the Council withdrew reliance on regulation 12(4)(e) and it also withdrew reliance in regulation 12(4)(d) during the Commissioner’s investigation. The Commissioner’s decision is that the Council is entitled to rely on Regulation 12(5)(b) and that the balance of the public interest favours maintaining the exception. The Commissioner does not any steps to be taken.