Although we do not automatically publicise the details of pre-application discussions, under the Freedom of Information Act we may from time to time receive requests to provide information regarding enquiries for pre-application advice and of any advice given. Subject to certain exemptions, we are obliged to provide this information, although personal details are protected under the Data Protection Act and are likely to be removed before disclosure.
The exemptions relate to commercially sensitive and confidential information. It is therefore important that you notify the council at the outset in writing of any information which you consider may, if disclosed, prejudice your commercial interests or which you consider would breach confidentiality. You should also set out the reasons why and for what period you consider the information falls within these parameters. It is then for us to decide whether we believe the information falls into these exempt categories, if a Freedom of Information request is subsequently received.
We may also treat as exempt from disclosure information which, if disclosed, may prejudice the effective conduct of the council as a civic authority. This can be particularly relevant at the outset of major applications where a degree of exploratory discussion takes place. If the disclosure of this exploratory information would be likely to prejudice the process of determination of the subsequent planning application, then it may not be disclosable.
Setting aside these exemptions any other recorded information resulting from these pre-application discussions and advice is very likely to be disclosable.
