Bracknell Forest Borough Council

The complainant requested information about a planning enforcement case. Bracknell Forest Council (the Council) initially withheld the information requested under section 31(2)(c) (law enforcement) and 36(2)(c) (prejudice to the effective conduct of public affairs) of the FOIA. In its internal review, the Council reconsidered the request under the EIR and stated that it was now relying on regulations 12(4)(e) (internal communications) and 12(5)(d) (confidentiality of proceedings) of the EIR to withhold the information requested. During the course of the Commissioner’s investigation the Council disclosed a copy of the land survey report (part one of the request) but maintained that the remaining information held was exempt under regulations 12(4)(e) and 12(5)(d) of the EIR. Following this disclosure the complainant raised concerns that the Council had not disclosed a full copy of the survey report. The Commissioner’s decision is that on the balance of probabilities, the Council does not hold any further information relating to part one of the request relating to the land survey. The Commissioner also finds that the Council correctly applied regulation 12(4)(e) to some of the withheld information relevant to part two of the request and it correctly applied regulation 12(5)(d) to withhold information relevant to part two of the request. The Commissioner requires the Council to disclose the communications with third parties which have been withheld under regulation 12(4)(e).