Information Commissioner's Office

Summary: The complainant requested information about a proposal to redevelop a shopping centre in the centre of a village, Hale Barns, in Cheshire. The council is the freeholder of the property which is held on a long term lease by the developer. The council provided some information to the complainant however it withheld other information under the exemptions in sections 43 (commercial interests), 41 (information held in confidence) and 40 (personal data) of the Act. It also withheld other information under Section 36 of the Act (the effective conduct of public affairs); however after it was directed by the Commissioner to reconsider this information under the Environmental Information Regulations 2004 it amended this to Regulations 12(4)(e) (internal communications), 12(5)(e) (the confidentiality of commercial or industrial information) and 12(5)(f) (confidential information provided on a voluntary basis). The Commissioner's decision is that the council withheld some of information appropriately under sections 43, 40 and 41 but other information should have been disclosed. Under the Regulations his decision is that some information was appropriately withheld under Regulations 12(4)(e), 12(5)(e), and 12(5)(f) however other information could not be withheld under these Regulations.
Section of Act/EIR & Finding: FOI 1 - Complaint Partly Upheld, FOI 10 - Complaint Upheld, FOI 17 - Complaint Upheld, FOI 40 - Complaint Not upheld, FOI 41 - Complaint Partly Upheld, FOI 43 - Complaint Partly Upheld, EIR 5 - Complaint Upheld, EIR 5 - Complaint Upheld, EIR 12.4.e - Complaint Upheld, EIR 12.5.e - Complaint Upheld, EIR 12.5.f - Complaint Upheld, EIR 14 - Complaint Upheld