7 April 2008, Local government (Borough council)
The complainant made a series of requests concerning the sale of Stevenage Borough Council’s (“the Council”) freehold interest in an area of land and the granting of planning permission for the site. The Council refused the requests on the basis that either the exclusion under section 14 of the Freedom of Information Act 2000 (“the Act”) applied or, if the information could be deemed to be environmental, the exception under section 12(4)(b) applied under the Environmental Information Regulations 2004 (“the EIR”). The Information Commissioner (“the Commissioner”) investigated and was satisfied that the Council was able to demonstrate that the requests had been correctly refused under 12(4)(b) of the EIR. The Commissioner also considered that the public interest in maintaining the exception in this case outweighed the public interest in disclosing the information. Information Tribunal appeal number EA/2008/0046 has been dismissed.
EIR 11: Upheld