Info Gov

 The General Regulatory Chamber of the First-tier Tribunal has ruled that Braintree District Council was entitled to withhold documents relating to a disputed planning application for a barn complex at Helions Farm. 

In Armes v Information Commissioner [2025] UKFTT 1436 (GRC), the appellant, Mr Niall Armes, had sought disclosure of internal emails, draft reports, and legal advice concerning planning application 22/01341/FUL. He argued that the withheld material was necessary to expose alleged bias and predetermination in the Council’s decision-making process. 

The Council relied on exemptions under the Environmental Information Regulations 2004 (EIR) Regulations 12(4)(d) (material in the course of completion), 12(4)(e) (internal communications), 12(5)(b) (course of justice/legal privilege), and Regulation 13 (personal data). The Information Commissioner upheld this position in a Decision Notice issued in May 2025, prompting Mr Armes to appeal.

The tribunal, chaired by Judge Hazel Oliver, reviewed both open and closed bundles of documents. It accepted that while there was a “heightened public interest in transparency” given the history of the site and concerns raised by the parish council, the balance still favoured maintaining the exemptions.

It found that disclosure of the documents around the application risked a “chilling effect” on planning officers, undermining candid drafting. Officers require a protected space to deliberate, particularly with potential appeals or judicial review in prospect. 

Legal Privilege attached to counsel’s opinion on the lawfulness of development carried significant weight under Regulation 12(5)(b). Disclosure of that advice would unfairly disadvantage the Council in any litigation. 

The tribunal also found that redacted material included sensitive details from applicants and consultees, the disclosure of which would contravene UK GDPR principles.

The Tribunal acknowledged some evidence that could raise public concern - such as the Council’s change of position after receiving counsel’s advice and limited reference to parish objections - but concluded that these factors did not outweigh the strong public interest in protecting the withheld categories of information.

The Tribunal said that Braintree District Council had applied exemptions in a “narrow and targeted way” and was entitled to withhold the information and dismissed Mr Armes appeal in full.

Also in this section

Jul 29, 2026

Enforcement notice served on university after FOI compliance falls to 21% in a quarter

The Information Commissioner has issued an enforcement notice under section 52 of the Freedom of Information Act 2000 against King's College London (KCL), requiring the university to publish an action plan by 17 August 2026, clear its backlog of overdue requests, and achieve a 90% in-time compliance rate by the end of the year, after finding systemic weaknesses in its request-handling…
Jul 13, 2026

Polite, one-off request can still be vexatious where motive is personal, First-tier Tribunal rules

The First-tier Tribunal (General Regulatory Chamber) has upheld the refusal of a freedom of information request to a special educational needs school as vexatious under section 14(1) of the Freedom of Information Act 2000, finding that a polite, factual and non-burdensome request could still amount to a misuse of the Act where its motive was the pursuit of a case against a named individual while…
Jul 13, 2026

Tribunal backs national security refusal of Home Protection Scheme statistics, citing mosaic disclosure risk

The First-tier Tribunal (General Regulatory Chamber) has upheld the Northern Ireland Office's refusal to disclose aggregate application and expenditure figures for its Home Protection Scheme, finding that even high-level statistical data could contribute to a "mosaic" of information capable of assisting terrorists in assessing the protection afforded to police officers and other public servants.
Jul 10, 2026

DWP holds Universal Credit migration code but extracting it would breach FOIA cost limit, tribunal rules

The First-tier Tribunal has overturned an Information Commissioner's finding that the Department for Work and Pensions held no further information about how claimants were selected for Universal Credit managed migration, but ruled that the requester will receive nothing more because the cost of extracting the material would exceed the limit under section 12 of the Freedom of Information Act 2000…

InfoGov Masthead Newsletter 800