The complainant requested copies of internal correspondence held by Durham County Council (the council) about the status and maintenance of certain footpaths. The council initially refused the request, citing the exceptions at regulation 12(4)(e) (internal communications), and regulation 12(5)(d) (confidentiality of proceedings), of the EIR. At the internal review stage, the council said that it had changed its position. It confirmed that it now wished to rely on the exceptions at regulation 12(4)(e), and regulation 12(5)(b) (course of justice), as its basis for refusing to comply with the request. The Commissioner has decided that the council is entitled to withhold the requested information under the exceptions at regulation 12(5)(b), and regulation 12(4)(e), of the EIR. However, as the council failed to issue a refusal notice within 20 working days, and also failed to issue its internal review response within 40 working days, the Commissioner has found a breach of regulation 14, and regulation 11(4), of the EIR, respectively.