Cherwell District Council
- Date 30 May 2024
- Sector Local government
- Decision(s) EIR 11.4: Upheld, EIR 12.5.b: Not upheld, EIR 14 2: Upheld
The complainant has requested information held by Cherwell District
Council (the council) about legal advice it received in relation to a particular planning matter. The Council issued a refusal notice, citing regulation 12(5)(b)(course of justice), of the EIR. The council confirmed that it also considered regulation 12(4)(e)(internal communications), of the EIR to apply to part of the requested information. The Commissioner’s decision is that the council is entitled to rely on regulation 12(5)(b) of the EIR in respect of all of the withheld information. However, as the council failed to issue both the refusal notice, and its internal review response, within the statutory timeframes, the Commissioner has found a breach of regulation 14(2), and regulation 11(4), of the EIR, respectively.