Not so confidential pre-apps

A recent decision of the First-tier Tribunal (FTT) in Vassar v The Information Commissioner [2026] UKFTT 00361 (GRC) (Vassar) may have far-reaching implications for the confidentiality of pre-application discussions.

In Vassar, the FTT ruled that the contents of pre-application discussions are not confidential and should be released pursuant to a freedom of information (FOI) request.  Any decision will be fact sensitive and the FTT confirmed that the pre-application discussions are confidential before the corresponding planning application is submitted and approved.  However, this confidentiality may be time-limited and if the pre-application discussions are relevant to the decision made, the information may no longer be regarded as confidential.

This could link to an earlier decision which is discussed here which is about the Wild Justice case.  It is possible that if the pre-application discussions (and any documents associated with them) are considered to be "background papers "then they may need to be disclosed as part of the decision.  That could mean that they are analysed by possible claimants as part of the possibility of judicial review proceedings.

Vassar itself was in response to an FOI request, but it is possible that the combination of Vassar and Wild Justice may mean that councils take it upon themselves to release information before an FOI request is made.

Applicants should think very carefully about what information they share with the LPA as part of the pre-application discussions.  Obviously, there is a need to share as much as is required to get the planning permission, but not so much that they would feel uncomfortable if it ended up in the public domain.

If you would like further information or to discuss this please contact

Jade.Chalmers@howardkennedy.com

or Bob.Sadler@howardkennedy.com