7 January 2015, Local government (Borough council)
The complainant has requested correspondence including emails, agendas, minutes and telephone notes between Waverley Borough Council and Crest Nicholson relating to the Brightwells development scheme. The Council disclosed much of the correspondence but continued to redact information on the basis of section 40, 41 and 43 of the FOIA. The Commissioner considered the request should have been treated as a request under the Environmental Information Regulations 2004 (“EIR”) and that regulation 12(5)(e) of the EIR was engaged for all of the withheld information. The Commissioner’s decision is that the balance of the public interest favours maintaining the exception and the Council has therefore correctly withheld the information.
EIR 12.5.e: Not upheld