Information Commissioner's Office

Waverley Borough Council

2 July 2007, Local government (Borough council)

The complainant requested the Council to provide a copy of a proposed lease between the Council and the developers which concerned the site of the bowling club and that was attached to a conditional contract between the two parties. The Council responded to the complainant’s request advising him that it was unwilling to release this information citing section 43 of the Act. As the complainant remained dissatisfied with this decision he asked the Commissioner to consider his case and whether the Council had correctly applied this exemption. The Commissioner investigated this matter and concluded that the Council had inappropriately relied on section 43 of the Act for the non-disclosure of this information and had therefore not dealt with the complainant’s request in accordance with section 1 of the Act. The Commissioner has therefore requested the Council to release the information requested to the complainant within 35 days of the receipt of this notice.

FOI 43: Upheld