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
Legal Issues
- 1 whether the requested information is environmental information under regulation 2(1)(c) EIR
- 2 whether the requested information constitutes internal communications under regulation 12(4)(e) EIR
- 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
Full Case Text
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