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You are here: BAILII >> Databases >> Information Commissioner's Office >> Southend-on-sea Borough Council (Local government (Borough council)) [2017] UKICO FER0644116 (23 March 2017)
URL: http://www.bailii.org/uk/cases/UKICO/2017/FER0644116.html
Cite as: [2017] UKICO FER0644116, [2017] UKICO FER644116
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Southend-on-sea Borough Council
23 March 2017, Local government (Borough council)
The complainant has requested information relating to the proposed Seaway Car Park development in Southend-on-Sea. Southend-on-Sea Borough Council (the “Council”). The Council initially refused to provide it under section 43 of the FOIA. At internal review, it reconsidered the matter under the EIR. It provided some information but withheld the remainder under 12(4)(d) (material in the course of completion), regulation 12(5)(d) (confidentiality of proceedings) and regulation 12(5)(e) (confidentiality of commercial information). The Commissioner’s decision is that the Council is entitled to rely on regulation 12(5)(d) and regulation 12(5)(e) as its basis for withholding the information that remains withheld. However, it contravened its obligations under regulation 5(2) and regulation 14(2) of the EIR when it failed to provide a refusal to the request within 20 working days. No steps are required.
EIR 5(2): Upheld EIR 14(2): Upheld EIR 12(5)(d): Not upheld EIR 12(5)(e): Not upheld