London Borough of Sutton

The complainant has requested information relating to the legal advice obtained by the London Borough of Sutton (the council) before it introduced additional costs for processing documents submitted in support of a planning application. The council has refused to provide the information, stating that it is covered by Legal Professional Privilege (LPP). It cited regulation 12(5)(b) (the course of justice and inquiries) of the EIR as its basis for doing so. The Commissioner’s decision is that the council correctly withheld the information under the exception at regulation 12(5)(b) of the EIR and that the balance of the public interest favours the exception being maintained. The Commissioner does not require the council to take further steps.