Information Commissioner's Office Reviews

Cases brought before the Information Commissioner's Office.

This can also be found on the ICO website: ICO - Decision Notices - West Devon Borough Council

Date 3 July 2024
Reference IC-285814-Q0S2
Decision Complaint not upheld
Complaint detail The complainant requested information from West Devon Borough Council (“the Council”) relating to a specific planning application.
ICO Decision The Commissioner’s decision is that the Council is entitled to rely on regulation 12(4)(e) (internal communications) of the EIR to refuse to provide the withheld information.
The Commissioner does not require the Council to take any steps.
Full Report
Date 15 May 2024
Reference IC-271386-Y7H8
Decision Split decision
Complaint detail The complainant has requested all current dog breeders licenses issued by West Devon Borough Council (“the Council”). The Council disclosed the information, subject to some information being redacted under section 31(1)(a) (Law enforcement).
ICO Decision The Commissioner’s decision is that the Council has correctly relied on section 31(1)(a) to withhold the information. However, the Council breached section 10(1) and section 17(1) by failing to respond to the request within the statutory period. The Commissioner does not require further steps.
Full Report
Date 22 May 2023
Reference IC-204469-J5Z9
Decision Complaint not upheld
Complaint detail The complainant requested information from West Devon Borough Council (“the Council”) relating to a planning application.
ICO Decision

The Commissioner’s decision is that the Council is entitled to rely on regulation 12(4)(b) (manifestly unreasonable) of the EIR to refuse to comply with the request. The Commissioner has also decided that the Council complied with its obligations under regulation 9 of the EIR.

The Commissioner does not require the Council to take any steps.
Full Report
Date 11 January 2023
Reference IC-159327-N0M4
Decision Split decision
Complaint detail The complainant requested information relating to a specific planning application. West Devon Borough Council (the council) initially refused the request under regulation 12(4)(b) of the EIR - manifestly unreasonable. Following a refining of the request, the council provided some information and withheld the remaining information under regulation 12(4)(e) of the EIR - internal communications.
ICO Decision The Commissioner's decision is that regulation 12(4)(e) of the EIR is engaged to the information that has been withheld, and the Commissioner is satisfied that the council has located all the information falling within the scope of the complainant's request.
The Commissioner also found that the council breached regulation 5(2) of the EIR as it did not provide all the information that was not exempt from disclosure within the required 20 working days and it breached regulation 11(4) of the EIR as it did not carry out an internal review within the required 40 working days.
As all the information that is not exempt has been disclosed, the Commissioner does not require the council to take any steps.
Full Report
Date 11 August 2016
Reference FS50631175
Decision Complaint upheld
Complaint detail The complainant has requested information relating to the Register of Councillors Interests
ICO Decision The Commissioner's decision is that West Devon Borough Council (the Council) failed to provide a response to the request within the statutory time frame of 20 working days. She upholds the complaint but requires no further action to be taken as a response has now been provided to the complainant.
Full Report
Date 21 January 2007
Reference FS50104805
Decision Complaint not upheld
Complaint detail The complainant made a request for information for any instructions and advice the public authority held in relation to the fees it was charging for commercial research of planning histories. The public authority confirmed that it held the requested information but withheld it under section 42 of the Freedom of Information Act 2000 (section 42) claiming legal professional privilege and that the public interest in maintaining the exemption outweighed the public interest in disclosing the information.
ICO Decision The Commissioner has considered the instructions and legal advice in question and is satisfied that the public authority has applied section 42 correctly. However the Commissioner does find that the public authority is in breach of section 17 of the Act.
Full Report