Summary: The complainant has requested information relating to the proposed transfer of land. Tendring District Council (the -council-) refused the request, citing the FOIA exemptions for prejudice to commercial interests and information intended for future publication. During the Commissioner-s investigation the council reconsidered the request under the EIR and withheld the information under the exceptions for material in the course of completion (regulation 12(4)(d)) and the confidentiality of commercial information (regulation 12(5)(e)). The Commissioner-s decision is that Tendring District Council wrongly handled the request under the FOIA and breached regulation 5 and regulation 14 of the EIR; correctly withheld the information under regulation 12(5)(e). The Commissioner does not require the public authority to take any steps.
Section of Act/EIR & Finding: EIR 5 - Complaint Upheld, EIR 12.5.e - Complaint Not upheld, EIR 14 - Complaint Upheld