Swansea Council

The complainant requested various information in respect of a particular planning application for a new vehicular access road with associated infrastructure. Swansea Council (the ‘council’) refused the request citing regulation 12(4)(d) (material in the course of completion) of the EIR. During the course of the Commissioner’s investigation, the council withdrew its reliance on this exception but sought to apply regulation 12(5)(d) (the confidentiality of proceedings) and regulation 12(4)(e) (internal communications) to the information. The Commissioner’s decision is that the council was entitled to rely on regulation 12(5)(d) and regulation 12(4)(e) to refuse the request.