13 October 2014, Local government (District council)
The complainant has requested a viability appraisal and report for a planning application, or if the council was unable to provide these, the complainant asked for specific financial information to be provided. North West Leicestershire District Council initially refused to provide the information relying on section 43 of the Freedom of Information Act 2000 (FOIA), but amended it’s refusal to regulation 12(5)(e) of the EIR after carrying out an internal review. The complainant has asked the Commissioner to determine whether the council is able to withhold the requested information. The Commissioner’s decision is that the council has correctly relied on regulation 12(5)(e) of the EIR to withhold the information for this request. Information Tribunal appeal EA/2014/0280 allowed in part.
EIR 12(5)(e): Not upheld