Summary: The complainant has requested a copy of a lease agreement between Daventry District Council (the council) and a developer, agreed in 2007. The council initially refused the request, stating that the requested information is not held by it. Subsequently it confirmed that no lease exists, but a conditional agreement to lease does exist. This was refused under regulation 12(5)(e) of the EIR on the grounds that disclosure would adversely affect the confidentiality of commercial information, where such confidentiality is provided by law to protect a legitimate commercial interest. The Commissioner-™s decision is that Daventry District Council incorrectly refused to disclose the entire lease, but that some elements of the refused information may be withheld under the provisions of regulation 12(5)(e) of the EIR. The Commissioner requires the public authority to disclose the refused information, with redactions to the specified sections as described in Annex 1.
Section of Act/EIR & Finding: EIR 12.5.e - Complaint Partly Upheld