Kate Sharp v The Information Commissioner

Kate Sharp v The Information Commissioner

The EIR applies because the requested information relates to the process of considering a planning application, which is a measure affecting the environment. The withheld information constitutes internal communications under regulation 12(4)(e). The public interest in maintaining the exception outweighs the public interest in disclosure for all but one email, as the matters were still live and the need for a safe space for candid discussion was significant. However, the Council was not entitled to withhold the email from the Ward Councillor at page A43, as its disclosure would not impinge on the safe space and the presumption of disclosure applies.

Parties
Appellant: Kate Sharp; Respondent: The Information Commissioner
Jurisdiction
England and Wales
Judgment Date
25 November 2024
Procedural Posture
Appeal / First Tier Tribunal Decision
Outcome
Appeal allowed in part
Legal Topics
Environmental Information Regulations, Internal Communications Exception, Public Interest Test, Planning Applications, Disclosure of Information
Information Law Environmental Law Administrative Law Environmental Information Regulations Internal Communications Exception Public Interest Test Planning Applications Disclosure of Information

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Parties

Kate Sharp

Appellant

The Information Commissioner

Respondent

Procedural Posture

Appeal / First Tier Tribunal Decision

Legal Issues

  1. 1 Does the Environmental Information Regulations 2004 (EIR) apply to the requested information?
  2. 2 Is the withheld information internal communications under regulation 12(4)(e) EIR?
  3. 3 Does the public interest in maintaining the exception outweigh the public interest in disclosure?

Ratio Decidendi

The EIR applies because the requested information relates to the process of considering a planning application, which is a measure affecting the environment. The withheld information constitutes internal communications under regulation 12(4)(e). The public interest in maintaining the exception outweighs the public interest in disclosure for all but one email, as the matters were still live and the need for a safe space for candid discussion was significant. However, the Council was not entitled to withhold the email from the Ward Councillor at page A43, as its disclosure would not impinge on the safe space and the presumption of disclosure applies.

Court Disposition

Appeal allowed in part

Orders

  • Herefordshire Council must disclose the email from the ward councillor at page A43 of the closed bundle to the appellant within 42 days of the date this decision is sent to the Council by the tribunal.
  • Any failure to abide by the terms of the tribunal’s substituted decision notice may amount to contempt which may, on application, be certified to the Upper Tribunal.