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FOI/EIR 25/26-561-Planning Enforcement
Details of Planning Enforcement in Lode Fen
Received 24 February 2026
I am seeking information about a possible breach of planning Regs at the stated address in Lode Fen.
Responded 18 March 2026
The documentation requested relates to an open planning enforcement case and we therefore are unable to provide you with this, as disclosure could potentially hinder the ongoing investigation.
The Council believes that the following exceptions are engaged in respect of your request, and these are detailed below:
In respect of those requests that are answered in full, partially or the total refused, please take this as notice under EIR, which we:
a) Consider the following exceptions of EIR apply:
b) Claim exception under sections of the Act:
Exception 12 (5) (b) Course of Justice Exception
c) State why the exception applies:
Regulation 12(5) (b) provides an exception from the disclosure of environmental information which would adversely affect the course of justice. Regulation 12(5)(b) allows you to refuse to disclose information “to the extent that its disclosure would adversely affect” the course of justice, the ability of a person to receive a fair trial or the ability of a public authority to conduct an inquiry of a criminal or disciplinary nature.
We note paragraph 39 of the ICO guidance which outlines the factors an authority should consider including:
- The stage or stages reached in any particular investigation or proceedings:
The investigation is still open and ongoing, and we are monitoring the site
- Whether and to what extent the information has already been released into the public domain:
The Planning Enforcement Officer dealing with the case has openly provided information on the ongoing situation, advising of progress, and providing regular updates. The procedure outlining ECDC’s decision making process regarding planning enforcement matters can be found in the Local Enforcement Plan.
- The significance or sensitivity of the information:
The requested information could potentially form part of a prosecution file. Premature disclosure of the information could compromise the proceedings and prejudice the right to a fair trial, as well as impact an appeal against any Enforcement Notice that may be served.
- The age of the information:
The documentation relating to this case is new and is relevant to the open and ongoing enforcement case.
We have reviewed the ICO Guidance which explains that proceedings can apply to any situation where an authority is exercising its formal decision-making powers. We consider that a planning enforcement matter would fall within this exception.
As these exceptions are qualified, we are obliged to outline the harm in disclosure and explain why we consider that the public interest in maintaining the exception outweighs the public interest in disclosure: Whilst we appreciate the benefits in transparency and that disclosure could improve public knowledge and debate on this application, the public interest in preserving the course of justice is paramount. If the proceedings are over, but there is still a prospect of future litigation, a weighty public interest in maintaining the exception still remains. Disclosure of the planning enforcement file would not only prejudice the ability to take effective action in the investigation but would also undermine the Council’s ability to take similar action in the future.