8 August 2016, Local government (District council)
The complainant has requested recorded information from East Devon District Council which concerns the development of the Queen's Drive site on Exmouth Seafront. The Council has provided the complainant with information which relates to parts of his request. It has withheld other information – redacted sections from a report presented to the Council’s Cabinet a report commissioned from Jones Lang LaSalle, in reliance on Regulation 12(5)(e) of the EIR. The Commissioner’s decision is that East Devon District Council has properly applied Regulation 12(5)(e) to the information it is withholding and it is therefore entitled to withhold that information from the complainant. The Commissioner has also decided that the Council has contravened Regulation 5(2) of the EIR for its failure to respond to the complainant’s request within the required time for compliance. No further steps are required in this matter.
EIR 12(5)(e): Not upheld