Information Commissioner's Office

Epsom and Ewell Borough Council

20 August 2014, Local government (Borough council)

The complainant requested information from Epsom and Ewell Borough Council (the Council) about the decision-making process regarding the planning application and proposed lease of a named site to the person who had applied for planning permission. The Council provided some information within the scope of the request but withheld the remainder citing the EIR exceptions for adverse effect to the confidentiality of proceedings (regulation 12(5)(d)) and to commercial confidentiality (regulation 12(5)(e). It subsequently also relied on regulation 12(5)(f) (interests of the person who provided the information). The Commissioner’s decision is that the Council failed to demonstrate that the exceptions are engaged. The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation. Disclose the information withheld by virtue of regulations 12(5)(d), (e) and (f). This decision notice is currently under appeal to the Tribunal.

EIR 12(5)(d): Upheld EIR 12(5)(e): Upheld