Wayne Michaels v Information Commissioner

Wayne Michaels v Information Commissioner

The Commissioner lawfully upheld the Council's refusal to disclose environmental information under regulations 12(4)(e) and 12(5)(d) EIR; the Council did not hold further survey information; internal communications and enforcement material were lawfully withheld as disclosure would have prejudiced ongoing proceedings and the public interest in maintaining confidentiality outweighed the public interest in disclosure at the relevant time.

Parties
Appellant: Wayne Michaels; Respondent: Information Commissioner
Jurisdiction
England and Wales
Judgment Date
23 April 2026
Procedural Posture
Appeal / Final Judgment
Outcome
Appeals dismissed
Legal Topics
Environmental Information Regulations, Freedom of Information, Planning Enforcement, Confidentiality of Proceedings, Internal Communications, Public Interest Test
Environmental Law Information Law Administrative Law Environmental Information Regulations Freedom of Information Planning Enforcement Confidentiality of Proceedings Internal Communications +1 more

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Parties

Wayne Michaels

Appellant

Information Commissioner

Respondent

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 Whether further survey information was held by the Council
  2. 2 Whether regulation 12(4)(e) EIR (internal communications) was correctly applied
  3. 3 Whether regulation 12(5)(d) EIR (confidentiality of proceedings) was engaged

Ratio Decidendi

The Commissioner lawfully upheld the Council's refusal to disclose environmental information under regulations 12(4)(e) and 12(5)(d) EIR; the Council did not hold further survey information; internal communications and enforcement material were lawfully withheld as disclosure would have prejudiced ongoing proceedings and the public interest in maintaining confidentiality outweighed the public interest in disclosure at the relevant time.

Court Disposition

Appeals dismissed