Cases brought before the Information Commissioner's Office

This can also be found on the ICO website: ICO - Decision Notices - South Hams District Council

Date12 September 2019
ReferenceFER0839003
Decision ResultComplaint upheld
Complaint DetailThe complainant has requested a copy of draft plans shared with South Hams District Council (SHDC) by a landowner as part of the pre-application stage of a proposed housing development.  SHDC refused to disclose the plans, citing the exception provided by 12(5)(e) (commercial confidentiality) of the EIR.
ICO DecisionThe Commissioner's decision is that SHDC has failed to demonstrate that regulation 12(5)(e) is engaged. The Commissioner requires SHDC to disclose the withheld information.
Full Report

Icon for pdf ICO Decision Notice 12 September 2019 [468.31KB]


Date12 August 2017
ReferenceFS50687181
Decision ResultComplaint upheld
Complaint DetailThe complainant has requested information concerning the burning of waste on farms and the number of reports South Hams District Council have made over the last 5 years and what the outcome of those reports were.
ICO DecisionThe Commissioner's decision is that the Council has breached regulation 5(2) of the EIR in the handling of this request. The Commissioner doesn't require any steps to be taken as a result of this notice.
Full Report

Icon for pdf ICO Decision Notice 14 August 2017 [319.08KB]


Date16 February 2017
ReferenceFS50623030
Decision ResultComplaint not upheld
Complaint DetailThe complainant has requested complaints information including details of a specific concern he had. South Hams District Council ("SHDC") provided some information but argued that the remainder was exempt under section 31(1)(g) and 31(2)(b) (Law enforcement exemptions). After internal review, SHDC upheld its position but during the course of the Commissioner's investigation it disclosed some of the withheld information. However SHDC continued to withhold the remainder citing section 31(1)(g) and 31(2)(b) as its basis for doing so.
ICO DecisionThe Commissioner's decision is that, as far as the remainder is concerned, SHDC is entitled to refuse to confirm or deny whether it holds this information on the basis of section 40(5) and section 31(3). No steps are required.
Full Report

Icon for pdf FS50623030 [87.97KB]


Date30 September 2015
ReferenceFER0577322
Decision ResultSplit Decision
Complaint Detail

The complainant has requested information relating to planning permission for a specific address, including any complaints or representations received by South Hams District Council. South Hams District Council has

  • disclosed some information,
  • explained that some information is available on its website and
  • has refused to disclose some of the requested information

citing the exceptions at regulation 12(5)(b) - adverse effect to the course of justice and regulation 13 - personal data.

ICO DecisionThe Commissioner's decision is that South Hams District Council has, in accordance with regulation 5(1) disclosed all of the information it holds which has not been excepted. However in disclosing some information outside of the statutory time limit, has breached regulation 5(2) of the EIR. He considers that in failing to conduct an internal review within 40 working days it has also breached regulation 11(4) but that it has correctly withheld information in accordance with regulations 12(5)(b) and 13. The Commissioner does not require the public authority to take any steps.
Full Report

Icon for pdf FER0577322 [438.36KB]