Fife Council (Planning application - Professional Judgement Report) [2025] ScotIC 254_2025 (28 October 2025)

The Commissioner found that while some information in the Professional Judgement Report could be withheld under the claimed exemptions, other parts should be disclosed as the public interest in transparency outweighed the interest in maintaining confidentiality for those sections.

Source-derived case information.

Citation: [2025] ScotIC 254_2025
Parties: Respondent: Fife Council
Jurisdiction: Scotland
Judgment Date: 28 October 2025
Procedural Posture: Information Appeal / Decision
Outcome: partially upheld
Legal Topics: Freedom of Information, Planning Applications, Public Interest Test

Information Law Administrative Law Freedom of Information Planning Applications Public Interest Test

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Downloadable case file Legal principles 1 Authorities cited 1 Party arguments 2

Parties

Fife Council

Respondent

Procedural Posture

Information Appeal / Decision

Legal Issues

1 Whether Fife Council was entitled to withhold the Professional Judgement Report relating to a planning application under freedom of information legislation.

Ratio Decidendi

Court Disposition

partially upheld

Orders

Fife Council is required to disclose the non-exempt portions of the Professional Judgement Report to the applicant.

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