AMIN v INFORMATION COMMISSIONER AND SECRETARY OF STATE for LEVELLING UP, etc (2025) UK FTT 00221 (GRC) is concerned with planning permission for a coal mine. In May 2017 West Cumbria Mining Ltd applied for planning permission for a new coal mine near Whitehaven. The Secretary of State, Michael Gove, called in the planning application. A local public inquiry was held. The Planning Inspector recommended that permission be granted. On 7 December 2022 the Secretary of State granted planning permission. On 10 July 2023 Mr Amin requested information, essentially the ministerial submission for the Secretary of State and his reply to the submission. The Secretary of State’s Department resisted. It did so on the basis of Regulation 12(1)(e) of the Environmental Information Regulations 2014, internal communication. The Information Commissioner concluded that the public interest test favoured maintaining the exception. The FTT, on a full merits review, has allowed Mr Amin’s appeal in respect of the public interest test for the purposes of Regulation 12(4)(e) at the time of the planning decision. The FTT concluded as to outcome:-
“92. Taking everything into account, there is one factor in particular which we consider to be important, which is the lack of public knowledge as to whether or not the ministerial submission recommended granting or refusing the Planning Application. … we find that this is an important factor favouring disclosure. We consider that … if it recommended refusal, then it is in the public interest to understand officials’ reasons for that advice and any reasons of the Secretary of State for not following that advice, particularly given the controversy surrounding the Planning Decision. Equally, … we consider that there is public interest to know if the ministerial submission did recommend a refusal for the purposes of transparency and informing public debate on the issue. …
93. Summarising matters, we find that there are various factors … favouring disclosure and that together they demonstrate a very strong public interest in favour of disclosure of the Withheld Information. In contrast, we find that the factors favouring maintaining the exception in Regulation 12(4)(e) are weak. Consequently we find that the Public Interest Test clearly favours disclosing the Withheld Information.”