Decision notice FER0296779

The complainant requested legal advice concerning the commencement of a major development project in Brighton. Brighton and Hove City Council (“the Council”) refused to supply the information, stating that it was exempt under section 42(1) of the Freedom of Information Act 2000 (“the FOIA”) and the public interest favoured maintenance of the exemption. The Information Commissioner (“the Commissioner”) investigated and decided that the request should have been handled under the Environmental Information Regulations 2004 (“the EIR”). He therefore considered the application of regulation 12(5)(b) and found that it was engaged and the public interest favoured maintenance of the exception. He found breaches of regulation 14(2) and 14(3) but does not require any steps to be taken.