John Parker v Information Commissioner

Facts

The appellant, Mr John Parker, owns property on land subject to a section 106 restriction of no more than 98 houses. On 10 May 2024 he wrote to Tendring District Council seeking information connected with planning application 21/01397/FUL: information about the departure of the Head of Planning, Catherine Bicknell, and the Assistant Director Planning Service, Graham Nourse; information about changes to planning directors and heads of planning and those authorised to grant delegated responsibility; and information about the authorisation of Mr Pateman-Gee to act under delegated authority. The Council first answered under the Environmental Information Regulations 2004, refusing parts 1 and 2 and disclosing for part 3 a single document headed "Interim Amendment to Delegated Powers", signed by Gary Guiver and handwritten-dated 10 October 2022. During the Commissioner's investigation the Council issued a revised response on 19 December 2024, saying the request fell under the Freedom of Information Act 2000, providing summaries of departure and appointment dates, and withholding two documents as personal data. The Commissioner's decision notice of 6 February 2025 held that FOIA was the correct regime and the two documents were properly withheld, while finding a breach in relation to part 2. The appellant appealed to the First-tier Tribunal, contending that the Regulations applied and that the Interim Amendment had been fabricated and backdated.