Skip to main content

IC-416452-D7X8

  • Date 4 June 2026
  • Sector Local government
  • Decision(s) EIR 12(5)(b): Not upheld

The complainant requested a copy of legal advice obtained by Fareham Borough Council (the “council”) regarding the planning status of a telecommunications mast at Warsash Recreation Ground. The council withheld the requested information under regulation 12(5)(b) (the course of justice), relying on legal professional privilege (“LPP”). The Commissioner’s decision is that regulation 12(5)(b) is engaged and that, in all the circumstances of the case, the public interest in maintaining the exception outweighs the public interest in disclosure. The Commissioner does not require the council to take any steps.