3 May 2017, Local government (Borough council)
The complainant has requested the council to disclose the financial model used to calculate and provide the figures in the viability assessment for the regeneration of the Westbury estate. The council initially provided some information and withheld other information citing regulations 12(4)(d), 12(5)(e) and 12(5)(f) of the EIR. During the Commissioner’s investigation the council claimed a late reliance on regulation 12(4)(b) and asked for the application of this exception to be considered in the first instance. The Commissioner’s decision is entitled to rely on regulation 12(4)(b) of the EIR in this case. She therefore does not require any further action to be taken.
EIR 12(4)(b): Not upheld