Leander Developments Ltd v Information Commissioner

Leander Developments Ltd v Information Commissioner

The requested information is environmental information under EIR, constitutes internal communications as the contractor was embedded within the Council, and the public interest in maintaining the exception outweighs the public interest in disclosure due to the ongoing planning process and the need for a safe space for internal deliberations.

Parties
Appellant: Leander Developments Ltd; Respondent: Information Commissioner
Jurisdiction
England and Wales
Judgment Date
07 February 2025
Procedural Posture
Appeal / Final Judgment
Outcome
appeal dismissed
Legal Topics
Environmental Information, Internal Communications, Public Interest Test, Planning Applications, Disclosure Exceptions

Case Brief

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Parties

Leander Developments Ltd

Appellant

Information Commissioner

Respondent

Procedural Posture

Appeal / Final Judgment

  1. 1 whether the requested information is environmental information under regulation 2(1)(c) EIR
  2. 2 whether the requested information constitutes internal communications under regulation 12(4)(e) EIR
  3. 3 whether the public interest in maintaining the exception outweighs the public interest in disclosure

Ratio Decidendi

The requested information is environmental information under EIR, constitutes internal communications as the contractor was embedded within the Council, and the public interest in maintaining the exception outweighs the public interest in disclosure due to the ongoing planning process and the need for a safe space for internal deliberations.

Court Disposition

appeal dismissed