Information Commissioner's Office

Summary: The complainant requested the viability figures and reports that were submitted by the applicant for a particular planning application. Elmbridge Borough Council (-�the Council-�) identified that it held a viability report submitted by the applicant but it stated that the exemption under section 41 of the Freedom of Information Act 2000 (-�the FOIA-�) applied. It also stated that disclosure would be likely to prejudice the applicant-�s commercial interests and asserted that this was an exemption under the FOIA and the EIR. The Information Commissioner (-�the Commissioner-�) considered that the request should have been handled under the Environmental Information Regulations 2004 (-�the EIR-�). As a result, the Council stated that it wished to apply the exceptions under regulation 12(5)(e) and 12(5)(f). It stated that the public interest in maintaining both of the exceptions outweighed the public interest in disclosing the information. The Commissioner investigated and was not satisfied that the Council had adequately justified its position. He has therefore decided to order disclosure of the withheld information. He also found that the Council breached regulation 5(1), 5(2), 14(2) and 14(3) of the EIR. Information Tribunal appeal number EA/2010/0106 dismissed.
Section of Act/EIR & Finding: EIR 5 - Complaint Upheld, EIR 5 - Complaint Upheld, EIR 12.5.e - Complaint Upheld, EIR 12.5.e - Complaint Upheld, EIR 12.5.f - Complaint Upheld, EIR 14 - Complaint Upheld, EIR 14 - Complaint Upheld