Dear Mr Garland

Re: Freedom of Information Act 2000 - Request for Review

I refer to your request for a review of the Council's decision dated 4 August 2010 pursuant to the Freedom of Information Act 2000. Your request can be summarised as:

“Article in Retford Times - “The airport's view is that the existing planning conditions are invalid because they don't meet government criteria and it believes the council's former Head of Legal Services and Head of Planning Development Control both shared that view.”

I have reviewed the Council's decision notice dated 4 August 2010 and confirm that whilst the Act confers a general right of access to information held by public authorities section 1 provides that “any person making a request for information to a public authority is entitled:

a) to be informed in writing by the public authority whether it holds information of the description specified in the request; and

b) if that is the case to have that information communicated to him”, subject to the effect of the exemptions in Part 11 of the Act.

The decision notice duly confirmed that the Council holds information contained within your request pursuant to the Act.

Your request was refused pursuant to section 17 of the Act insofar as the exemption provided by section 21 of the Act applies, that is the information is accessible by other means. Such exemption is an absolute exemption meaning that the Council does not have to release the information falling within the terms of an absolute exemption and no additional public interest evaluation is required.

The refusal notice goes on to direct you to the Council's website in terms of viewing the accessible information by way of Committee reports and minutes, pursuant to the duty to provide advice and assistance provided by section 16 of the Act.

The information requested is a result of a third party quote to a local newspaper in this regard. I would remind you that the specific role of the 2 officers mentioned is to advise officers and members of the Council and in the event that such officers had advised in respect of legality of conditions not contained within publicly accessible documents, the exemption provided by section 42 of the Act that is legal professional privilege would apply.

In these circumstances your complaint is not upheld.

If you remain dissatisfied with the handling of your request or complaint the Act confers a further right to complaint to the Information Commissioner at www.informationcommissioner.gov.uk or by writing to Information Commissioner, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF (telephone 06125 545745), email [email address].

Yours sincerely

Ms Carolyn Forster

Council Solicitor

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