Information Commissioner's Office

Winchester City Council

17 September 2015, Local government (City council)

The complainant has requested a viability assessment for the proposed redevelopment of an area of Winchester’s city centre known as the Silver Hill development. The Council disclosed some information but withheld other information provided by the contractor and a high level summary of that information produced by the Council for its elected members under regulation 12(5)(e) – confidentiality of information the disclosure of which would adversely affect economic interests. The Commissioner’s decision is that the exception does not apply to all the withheld information. The exception is engaged in respect of the remaining information. However regulation 12(5)(e) is subject to the public interest test and the Commissioner finds that although the public interest favours maintaining the exception for the majority of this information, other information should be disclosed in the public interest. The Commissioner requires the public authority to disclose the information not covered by the exception. Disclose the information which is covered by the exception, but for which the public interest favours disclosure. This information will be identified in a confidential annexe supplied exclusively to the Council. The public authority must take these steps within 35 calendar days of the date of this decision notice. Failure to comply may result in the Commissioner making written certification of this fact to the High Court pursuant to section 54 of the Act and may be dealt with as a contempt of court.

EIR 12(5)(e): Partly upheld