Nuno Meira v The Information Commissioner & Anor

Nuno Meira v The Information Commissioner & Anor

The Tribunal found that pre-application planning advice is a 'proceeding' for the purposes of Regulation 12(5)(d) EIR, that confidentiality is provided by common law, that disclosure would adversely affect the confidentiality of the proceedings, and that the public interest in maintaining the exception outweighs the public interest in disclosure, especially as the information would be released at the planning application stage if pursued.

Parties
Appellant: Nuno Meira; First Respondent: The Information Commissioner; Second Respondent: The London Borough of Lambeth Council
Jurisdiction
England and Wales
Judgment Date
01 October 2025
Procedural Posture
Appeal Under Freedom of Information Act 2000 (foia) / Environmental Information Regulations (eir) / Final Judgment After Oral Hearing
Outcome
Appeal dismissed
Legal Topics
Environmental Information Regulations (eir), Freedom of Information, Confidentiality of Proceedings, Pre Application Planning Advice, Public Interest Test
Administrative Law Information Law Planning Law Environmental Information Regulations (eir) Freedom of Information Confidentiality of Proceedings Pre Application Planning Advice Public Interest Test

Case Brief

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Parties

Nuno Meira

Appellant

The Information Commissioner

First Respondent

The London Borough of Lambeth Council

Second Respondent

Procedural Posture

Appeal Under Freedom of Information Act 2000 (foia) / Environmental Information Regulations (eir) / Final Judgment After Oral Hearing

Legal Issues

  1. 1 Whether pre-application planning advice constitutes 'proceedings' under Regulation 12(5)(d) EIR
  2. 2 Whether confidentiality of such proceedings is provided by law
  3. 3 Whether disclosure would adversely affect the confidentiality of proceedings

Ratio Decidendi

The Tribunal found that pre-application planning advice is a 'proceeding' for the purposes of Regulation 12(5)(d) EIR, that confidentiality is provided by common law, that disclosure would adversely affect the confidentiality of the proceedings, and that the public interest in maintaining the exception outweighs the public interest in disclosure, especially as the information would be released at the planning application stage if pursued.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.
  • No order for disclosure of the requested pre-application information.