Folkestone & Hythe District Council

The complainant requested various information in respect of a planning application within the boundaries of Folkestone & Hythe District Council (‘the Council’). The Council provided some information but withheld information in respect of items 1,2,3, 4 and 7 of the request citing regulation 12(3) (personal information), 12(5)(b) (the course of justice) and regulation 12(5)(d) (confidentiality of proceedings) of the EIR. During the course of the Commissioner’s investigation, the Council also sought to rely on regulation 12(5)(f) (interests of the information provider) in respect of the information it was withholding under regulation 12(5)(d). The Commissioner’s decision is that the Council has not complied with its obligations under regulation 5(1) of the EIR to identify all relevant information; that it was not entitled to rely on regulation 12(5)(d) and has failed to demonstrate that regulation 12(5)(f) is engaged. The Council has however, correctly cited regulation 12(5)(b) in respect of legal advice. In failing to provide its refusal notice within the required timescales, the Commissioner has recorded a breach of regulation 14(2) and a breach of regulation 11(4) as a result of the Council’s failure to provide its internal review within the required timescales.