Information Commissioner's Office

Salford City Council

13 October 2016, Local government (City council)

The complainant requested information from Salford City Council (the Council) relating to a regeneration development. The Council refused one part of the request under regulation 12(4)(b) of the EIR because it was manifestly unreasonable, and the other part under regulation 12(5)(e) because it disclosure would have an adverse effect on confidentiality of commercial interests. The Commissioner’s decision is that regulation 12(4)(b) has been cited correctly, and that the balance of the public interest favours maintaining the exception. However, the Commissioner considers that the Council has not met its obligations under regulation 9(2) in providing sufficient advice and assistance to the complainant. She also finds that regulation 12(5)(e) does not apply to the second part of the request. The Commissioner requires the public authority to provide assistance to the complainant on how to reduce the scope of his request so that it is no longer manifestly unreasonable. She also requires the Council to respond to item 2 of the request without refusing it under regulation 12(5)(e).

EIR 12(4)(b): Not upheld EIR 9(2): Upheld EIR 12(5)(e): Upheld