Decision notice FER0813751

The complainant has requested from Brighton and Hove City Council information consisting of a draft report relating to a planning application. The Council refused the request on the grounds that Regulation 12(4)(d) applied (material in the course of completion). The Commissioner’s decision is that Regulation 12(4)(d) is engaged in this particular case. However, she has decided that in all the circumstances of the case, the public interest in maintaining the exception at Regulation 12(4)(d) does not outweigh the public interest in disclosing the information.The Commissioner requires the Council to disclose a copy of the withheld information to the complainant. The Council must take these steps within 35 calendar days of the date of this decision notice. Failure to comply may result in the Commissioner making written certification of this fact to the High Court pursuant to section 54 of the Act and may be dealt with as a contempt of court.