Decision notice IC-193997-X6D0

The complainant requested from Surrey County Council information concerning its decision not to grant Planning Inspectorate consent for the erection of a compound and structure on registered common land at Newlands Corner, despite the requirements of Section 38 of the Commons Act 2006. Surrey County Council withheld the requested information under Regulation 12(5)(b) of the EIR stating it was covered by legal professional privilege and disclosure would adversely affect the course of justice. The Commissioner’s decision is that Surrey County Council has correctly applied Regulation 12(5)(b) of the EIR. However, it breached Regulation 5(2) of the EIR by taking in excess of 20 working days to respond to the complainant’s request. The Commissioner does not require the public authority to take any steps to ensure compliance with the legislation.