25 October 2016, Local government (District council)
The complainant has requested a copy of an agreement between East Devon District Council and a developer, Pegasus Life, in relation to a site at Knowle. East Devon District Council refused the request, citing section 43(2) of the FOIA and regulation 12(5)(e) of the EIR. The Commissioner’s decision is that East Devon District Council has failed to demonstrate that regulation 12(5)(e) is engaged. The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation. Disclose the requested information to the complainant. This decision notice is currently under appeal to the Tribunal.
EIR 12(5)(e): Upheld