Cumberland Council

The complainant asked for information in relation to pre-application planning advice from Cumberland Council (the Council). The Council refused to provide the requested information citing regulations 12(5)(d) – confidentiality of proceedings and 12(5)(f) – interests of the person providing the information, of EIR. The Commissioner’s decision is that the Council is entitled to rely on regulation 12(5)(d) in the circumstances of this case and he considers that the balance of the public interest favours maintaining the exception. The Commissioner does not require the Council to take any steps as a result of this decision.