Wealden District Council

The complainant requested copies of communications between Wealden District Council (‘the council’) and a legal representative relating to a planning decision. The council applied Regulation 12(4)(a) (information not held) to some information, and Regulation 12(5)(b) to other information on the basis that the information is subject to legal professional privilege. A previous decision notice issued by the Commissioner has decided that the exception was correctly applied to the same information, but the Commissioner has taken into account changes in circumstances between the first and second request for information. The Commissioner’s decision is that the council was correct to apply Regulation 12(5)(b) to withhold the information. He has also decided that it was correct to apply Regulation 12(4)(a) to the information which the council said that it did not hold. The Commissioner does not require the council to take any steps.