Wakefield Council

The complainant requested information from Wakefield Council (“the Council”) relating to a Tree Preservation Order (TPO) application. The Commissioner’s decision is that the Council is not entitled to rely on regulation 13(1) (personal data) of the EIR to withhold a sketch showing the location of trees subject to the TPO application. The Commissioner requires the Council to take the following steps to ensure compliance with the legislation. Disclose the sketch which shows the location of trees subject to the TPO application. The Council must take these steps within 30 calendar days of the date of this decision notice. Failure to comply may result in the Commissioner making written certification of this fact to the High Court pursuant to section 54 of the Act and may be dealt with as a contempt of court.