London Borough of Ealing

The complainant has requested information held by the London Borough of Ealing (the council) about a particular planning matter. The council advised the complainant that some of the requested information was to be withheld under regulation 12(5)(b) - the course of justice, regulation 12(5)(e) – commercial confidentiality, and regulation 12(5)(f) – interests of the information provider, of the EIR. During the Commissioner’s investigation the council then stated that it had now found that it did not hold any additional information that was relevant to the request. It is the Commissioner’s decision that the officer’s notes recently provided to him by the council fall within the scope of the request. However, he accepts that, on the balance of probabilities, the council does not hold any other information relevant to the request. As the council failed to issue a refusal notice, and its internal review response, within the required statutory time periods, the Commissioner has found there to be a breach of regulation 14, and regulation 11(4), of the EIR. The Commissioner requires the council to issue a fresh response to the complainant in relation to the officer’s notes.