Summary: The complainant requested information relating to a proposed town centre redevelopment project. The public authority informed the complainant that the information requested was held, but refused to release it, citing the exemption at section 43(2) of the Act. The public authority argued that disclosure would prejudice the commercial interests of the private sector developers bringing forward the project and of the public authority itself, and that the public interest in maintaining the exemption outweighed the public interest in disclosure. The Commissioner reviewed the information withheld and has decided that the public authority applied the Act correctly in withholding the information in accordance with the section 43(2) exemption. However, the Commissioner finds that the public authority initially breached the requirements of section 17 of the Act.
Section of Act/EIR & Finding: FOI 43 - Complaint Not upheld, FOI 17 - Complaint Upheld