Gateshead Metropolitan Borough Council
- Date 2 September 2025
- Sector Local government
- Decision(s) EIR 12(5)(b): Partly upheld, EIR 12(5)(d): Upheld, EIR 5(3): Not upheld
The complainant requested various information about a noise nuisance issue present at their property. Gateshead Council (the Council) provided some information and withheld other information under regulation 12(5)(b) (course of justice) of the EIR. During the course of the Commissioner’s investigation, the Council confirmed that it was also relying on regulations 12(4)(e) (internal communications), 12(5)(d) (confidentiality of proceedings) and regulation 13(1) (personal data) of the EIR in relation to some information held relevant to the request. The Commissioner’s decision is that some of the withheld information, namely the Arriva noise assessment reports, constitutes information on emissions and as such regulations 12(5)(b) and 12(5)(d) of the EIR are not engaged in respect of this information. The Commissioner has also concluded that some of the withheld information constitutes the complainant’s own personal data, and as such regulation 5(3) of the EIR applies. Finally, the Commissioner has determined that the Council correctly applied regulation 12(5)(b) of the EIR to legal advice it has withheld.