13 July 2017, Local government (District council)
The complainant has requested information about the Otterpool development from Shepway District Council (the “Council”). It provided some information but refused to provide the remainder citing EIR regulation 12(5)(e) - confidentiality of commercial or industrial information. After internal review, it revised its position and released further information. However, it continued to rely on regulation 12(5)(e) for that information which remained withheld. The Commissioner’s decision is that the Council is entitled to rely on regulation 12(5)(e) for that information within the scope of the request which remains withheld. No steps are required.
EIR 12(5)(e): Not upheld