The request was for a copy of a Planning Inspector’s report in a called in application where the Secretary of State had yet to reach his decision. This was refused by the Department for Communities and Local Government (DCLG) under regulation 12(4)(e) of the Environmental Information Regulations 2004 (internal communications). An internal review upheld the decision to withhold the information.

The requester subsequently appealed this decision to the Information Commissioner. In making his decision, reference FER0071457 PDF 371kb the Information Commissioner recognised the significance that planning decisions have on local communities and society in general but accepted that, at some point, it was appropriate to close the book on public consultation to allow a decision to be made. As such he agreed with the Department's decision.

A similar decision, on a request received directly by the DCLG, Commissioner reference FER0070181, is also relevant.

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