25 June 2015, Local government (Borough council)
The complainant has requested information relating to a prospective housing development. Basingstoke and Deane Borough Council refused the request citing the exception for adverse affect to the confidentiality of commercial information (regulation 12(5)(e) of the EIR). The Commissioner’s decision is that Basingstoke and Deane Borough Council has failed to demonstrate that regulation 12(5)(e) of the EIR is engaged. The Commissioner requires the public authority to disclose the requested information to the complainant. 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): Upheld