Information Commissioner's Office

Hammersmith and Fulham London Borough Council

26 May 2016, Local government (Borough council)

The complainant has requested information relating to a statement given by the London Borough of Hammersmith and Fulham (the Council). This said that a series of renegotiations on property deals had secured more than £50 million of extra funding for borough residents, part of which would be used to deliver 231 new affordable homes. The Council has dealt with the requests under FOIA and stated that parts of the requested information is not held, provided other parts, and withheld financial figures relating to two developments pursuant to the ‘commercial confidentiality’ (section 43(2)) exemption to disclosure in FOIA. The complainant has disputed both the Council’s use of section 43(2) of FOIA and its assertion that some of the requested information is not held. The Commissioner’s decision is that the information being requested is environmental information and therefore the EIR and not FOIA is the applicable access legislation. He therefore requires the Council to issue a new response to the requests under the EIR.

EIR 2(1)(c): Upheld