Falkirk Council (Information relating to a specific planning application regarding a proposed hot food takeaway) [2026] ScotIC 036_2026 (03 March 2026)

The Commissioner found that some of the information withheld by Falkirk Council was not exempt and should be disclosed, while other information was properly withheld under the relevant exemptions.

Source-derived case information.

Citation: [2026] ScotIC 036_2026
Parties: Respondent: Falkirk Council
Jurisdiction: Scotland
Judgment Date: 03 March 2026
Procedural Posture: Freedom of Information Appeal / Decision by Scottish Information Commissioner
Outcome: Partially upheld
Legal Topics: Freedom of Information, Planning Applications, Environmental Information

Administrative Law Information Law Freedom of Information Planning Applications Environmental Information

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Parties

Falkirk Council

Respondent

Procedural Posture

Freedom of Information Appeal / Decision by Scottish Information Commissioner

Legal Issues

1 Whether Falkirk Council was entitled to withhold information relating to a specific planning application for a proposed hot food takeaway under the Freedom of Information (Scotland) Act 2002

Ratio Decidendi

The Commissioner found that some of the information withheld by Falkirk Council was not exempt and should be disclosed, while other information was properly withheld under the relevant exemptions.

Court Disposition

Partially upheld

Orders

Falkirk Council is required to disclose the non-exempt information to the applicant.

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