Summary: The complainant requested all information that Brighton and Hove City Council (the Council) held about pre-planning discussions with City College Brighton and Hove regarding its proposals to develop the site known as -˜Pelham Street-™. The Council refused to disclose the information on the basis that it was all exempt from disclosure on the basis of regulation 12(5)(f) of the EIR, (interests of the provider), and further that some of the information was also exempt from disclosure on the basis of regulation 12(4)(e) of the EIR, (internal communications). The Commissioner has concluded that some of the information is exempt from disclosure on the basis of regulation 12(4)(e). However, the Commissioner has also concluded that regulation 12(5)(f) does not provide a basis to withhold any of the requested information. Therefore, the Commissioner has ordered the Council to disclose some of the requested information. The Commissioner requires the public authority to provide the complainant with the documents in the attached schedule that the Commissioner has indicated need to be disclosed.
Section of Act/EIR & Finding: EIR 12.4.e - Complaint Not upheld, EIR 12.5.f - Complaint Upheld