Decision Notice IC-298895-S9Y8 (London Borough of Sutton)

Case OutcomeComplaint not upheld
CourtInformation Commissioner (UK)
Record NumberIC-298895-S9Y8
Date12 September 2024
RespondentLondon Borough of Sutton
Reference: IC-298895-S9Y8
1
Environmental Information Regulations 2004 (EIR)
Decision notice
Date:
12 September2024
Public Authority:
London Borough of Sutton
Address:
Civic Offices
St Nicholas Way
Sutton
SM1 1EA
Decision (including any steps ordered)
1.The complainant has requested information relating tothe legal advice
obtained by theLondon Borough of Sutton(the council)beforeit
introduced additional costs for processing documentssubmitted in
support of a planning application. The council has refused to provide the
information, stating that it is covered by Legal Professional Privilege
(LPP). Itcitedregulation 12(5)(b) (the course of justice and inquiries) of
the EIR as its basisfor doing so.
2.The Commissioner’s decision is thatthe councilcorrectly withheld the
information under the exception at regulation 12(5)(b) of the EIRand
that the balance of the public interest favours the exception being
maintained.
3.The Commissionerdoes notrequire the councilto takefurther steps.

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