Braintree District Council
- Date 30 May 2025
- Sector Local government
- Decision(s) EIR 12.4.d: Not upheld, EIR 12.4.e: Not upheld, EIR 12.5.b: Not upheld, EIR 13: Not upheld
The complainant requested information about planning applications at a particular site. Braintree District Council (the Council) provided some information but withheld information under regulations 12(4)(d) (material in the course of completion), regulation 12(4)(e) (internal communications), regulation 12(5)(b) (course of justice) and regulation 13 (personal data) of the EIR.
The Commissioner’s decision is that the Council was entitled to apply regulation 12(4)(d), regulation 12(4)(e), regulation 12(5)(b) and regulation 13 to withhold information falling within scope of the request.
However, in failing to provide environmental information within 20 working days it breached regulation 5(2) of the EIR. It also breached regulation 11 of the EIR by failing to provide an internal review response.
The Commissioner does not require any steps as a result of this decision. First-tier tribunal (General Regulatory chamber) information rights appeal FT/EA/2025/0227 under appeal.