Shrewsbury Town Council
- Date 30 July 2024
- Sector Local government
- Decision(s) EIR 11.4: Upheld, EIR 12.5.d: Not upheld
The complainant requested specified correspondence, dates of meetings and legal advice relating to a named site in Shrewsbury, following the judgment of the Supreme Court in March 2023. Shrewsbury Town Council (the ‘Council’) ultimately provided the dates and the legal advice, but refused to provide the requested correspondence, citing section 42 of FOIA – the exemption for legal professional privilege. The Commissioner’s decision is that the requested information is environmental as defined by the EIR and that the Council, therefore, incorrectly applied section 42 of FOIA. However, he finds that the Council has engaged Regulation 12(5)(b) of the EIR. By failing to provide its internal review result within the statutory 40 working days, the Council has breached Regulation 11(4) of the EIR. No steps are required as a result of this notice.