FER0731676

The complainant requested information from South Northamptonshire Council (the Council) relating to planning application for a wind turbine and the court proceedings which resulted from that application. The Council provided some information within the scope of the request but refused to provide the remainder citing regulations 12(4)(e) (internal communications) and 12(5)(b) (the course of justice) of the EIR. During the course of the Commissioner’s investigation, the Council disclosed further information. The Commissioner’s decision is that the Council correctly applied regulations 12(4)(e) and 12(5)(b) to the remaining withheld information. She is also satisfied that, on the balance of probabilities, the Council does not hold further information within the scope of the request and has therefore discharged its duty under Regulation 5(1). The Commissioner requires no steps to be taken as a result of this decision.