27 November 2017, Local government (Borough council)
The complainant has requested a copy of an agreement between local authorities and Peel Group relating to Durham Tees Valley Airport Ltd. Darlington Borough Council withheld the information under the exemption for commercial interests (section 43(2) of the FOIA) and, following the Commissioner’s involvement, revised its position, withholding the information under the EIR exception for commercial confidentiality (regulation 12(5)(e). The Commissioner’s decision is that Darlington Borough Council wrongly handled the request under the FOIA and breached regulation 5(1) and regulation 14 and, failed to demonstrate that regulation 12(5)(e) is engaged. The Commissioner requires the public authority to disclose the requested information to the complainant.
EIR 5(1): Upheld EIR 14(4): Upheld EIR 12(5)(e): Upheld