1 April 2015, Local government (Borough council)
The complainant has requested the council to disclose copies of all Financial Viability Assessments it received in connection with planning applications 2013/1583 and 2013/3186 and copies of any reports commissioned by the council to assess these statements. The council disclosed some information but refused to disclose certain elements of the Financial Viability Assessments it does hold under regulation 12(5)(e) of the EIR. The Commissioner has reviewed all remaining withheld information and he is satisfied that regulation 12(5)(e) of the EIR applies. In terms of how the request was handled, the Commissioner has found the council in breach of regulation 11 of the EIR in this case. The Commissioner does not require any further action to be taken. This decision notice is currently under appeal to the Tribunal.
EIR 11: Upheld EIR 12(5)(e): Not upheld