Information Commissioner's Office

Royal Borough of Kensington and Chelsea

3 November 2016, Local government (Borough council)

The complainant has requested a copy of the viability assessment prepared in relation to the regeneration options considered for the Silchester Estate. The Royal Borough of Kensington and Chelsea (the Council) confirmed that it held the requested information and provided some general clarification with regard to the assumptions that had been used for the purposes of the viability calculations. The Council considered however that under the ‘confidentiality of commercial or industrial information’ (regulation 12(5)(e)) exception to disclosure in the EIR it was not obliged to provide a copy of the report. The Commissioner has found that regulation 12(5)(e) of the EIR is engaged but that on balance the public interest favours disclosure. She therefore requires the Council to release a copy of the requested information to ensure compliance with the legislation.

EIR 12(5)(e): Upheld