The complainant requested a copy of a viability report provided in support of a planning application made by a developer in relation to the Lakota Club and Coroners Court. The Council sought to rely on the exception available at regulation 12(5)(e) of the EIR explaining that the report consisted of commercially sensitive information and that to disclose the information would be a breach of confidence. The Commissioner has investigated and has determined that the exception is not engaged. Therefore the Commissioner finds that the withheld information should be disclosed. The Commissioner also identified a series of procedural breaches in relation to the way the Council dealt with the request. Information Tribunal appeal number EA/2010/0012 has been dismissed.
Section of Act/EIR and Finding: EIR 5 – Complaint Upheld, EIR 5 – Complaint Upheld, EIR 12.5.e – Complaint Upheld, EIR 14 – Complaint Upheld, EIR 14 – Complaint Upheld
[2009] UKICO FER0209326
Bailii
England and Wales
Information
Updated: 23 January 2022; Ref: scu.532377
