ICO upholds Planning Inspectorate refusal of information request

ICO Decision Notices

Filed February 13th, 2026

Detected February 17th, 2026

Summary

The UK's Information Commissioner's Office (ICO) has upheld the Planning Inspectorate's (PINS) refusal to disclose information related to a strategic housing site examination. The ICO found that PINS likely does not hold the requested information and therefore correctly applied an exemption.

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What changed

The Information Commissioner's Office (ICO) has issued a decision notice upholding the Planning Inspectorate's (PINS) refusal of an information request concerning the examination of the SP16 Birchington strategic housing site. The complainant sought information that PINS stated it did not hold. The ICO's decision, dated 13 February 2026, concludes that on the balance of probabilities, PINS does not possess the information within the scope of the request and was therefore correct to refuse it under Regulation 12(4)(a).

This decision means the Planning Inspectorate is not required to take any further steps regarding this specific information request. For regulated entities, this case reinforces the importance of accurate record-keeping and the application of appropriate exemptions under information access laws. While this specific case did not result in a requirement for further action by PINS, it highlights the ICO's role in adjudicating information disputes.

Source document (simplified)

The Planning Inspectorate

Date 13 February 2026
Sector Central government
Decision(s) EIR 12(4)(a): Not upheld The complainant requested information relating to the examination of the SP16 Birchington strategic housing site. The Planning Inspectorate (“PINS”) responded stating that it did not hold the requested information. The Commissioner’s decision is that, on the balance of probabilities, PINS does not hold information falling within the scope of the request. The Commissioner has therefore decided that PINS was correct to apply Regulation 12(4)(a) to refuse the request. The Commissioner does not require the council to take any steps.