Information Commissioner's Office

East Devon District Council

25 October 2016, Local government (District council)

The complainant requested documents relating to the councils plan to build new offices for itself. Various documents were requested. The council disclosed some however other documents were withheld under Regulation 12(5)(e). The council argues that these contain the price bid for the land where the current council offices are situated, and estimated costs which the council has drawn together for the development of its new offices. The Commissioner’s decision is that the council has correctly applied Regulation 12(5)(e) to the costs assumptions and under the circumstances of the case the public interest rests in maintaining the exception in this case. He has however decided that the council was not correct to apply Regulation 12(5)(e) to the conditional price agreed with the developer, Pegasus, for the land. The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation: to disclose the relevant documents, excluding sections which provide details of the councils cost assumptions.

EIR 12(5)(e): Partly upheld