Department for Transport

The complainant has requested information about the HS2 Wendover tunnel proposal. The above public authority’s (“the public authority’s”) final position was that is wished to rely on regulation 12(4)(e) – internal communications – and regulation 12(5)(d) – confidentiality of proceedings – to withhold one report. The Commissioner’s decision is that the public authority has correctly applied 12(5)(d) to the withheld information and that the balance of the public interest favours maintaining the exception. He is not satisfied that regulation 12(4)(e) is engaged. As the public authority failed to deal with the request under the EIR within 20 working days, it breached regulation 14 of the EIR. As it disclosed environmental information late, it also breached regulation 5(2) of the EIR. The Commissioner does not require further steps.