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Decision Summary

  • Case Ref: FS50104805
  • Date: 22 January 2007
  • Public Authority: West Devon Borough Council
  • Summary: 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. 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.
  • View PDF of Decision Notice: [1]