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Pre-application advice and Environmental Information Regulations

Pre-application advice is subject to the Environmental Information Regulations, which means that members of the public can make requests to see the recorded information we hold on pre-application matters.

Although there are various exceptions within the legislation that might prevent release of information, all these have to be seen against the 'public interest' test. This means that the council may refuse to disclose information only if in all the circumstances of the case the public interest in maintaining the exception outweighs the public interest in releasing the information.

If there are any reasons why you consider that the information you are providing to support a request for pre-application advice should not be made public in accordance with the exceptions set out in the Regulations, for example, where there are issues of commercial sensitivity, please outline them when you are completing your advice request form.

We will usually consult you further if a request is made involving information given to you as pre-application advice, as the situation may have changed by the time a request is received. Herefordshire Council reserves the right to release the information where appropriate in accordance with the requirements of the legislation.