Information Commissioner's Office

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You are here: BAILII >> Databases >> Information Commissioner's Office >> Brighton and Hove City Council (Local government) [2018] UKICO fer0739133 (29 November 2018)
URL: http://www.bailii.org/uk/cases/UKICO/2018/fer0739133.html
Cite as: [2018] UKICO fer0739133, [2018] UKICO fer739133

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Brighton and Hove City Council

The complainant requested information from Brighton and Hove City Council (“the Council”) relating to the development of a site at the former St Aubyn’s School, Rottingdean. The Council provided some of the information that was requested to the complainant, but withheld some viability reports and associated information under the exceptions at regulation 12(4)(d) – information in the course of completion – and regulation 12(5)(e) of the EIR as it considered that disclosure would have an adverse effect on the confidentiality of commercial information. The Commissioner’s view is that the information withheld under regulation 12(4)(d) is outside the scope of the request and so she has not considered it in this notice. She has also determined that the Council correctly withheld the majority of the viability reports and associated information under regulation 12(5)(e) of the EIR, and that the balance of the public interest lies in the exception being maintained. However, with regard to the document described at paragraphs 52 - 59 of this notice, her decision is that the exception is only engaged with regard to part of the document. The Commissioner requires the Council to take the following step to ensure compliance with the legislation: disclose the document described at paragraphs 52 - 59 of this notice to the complainant, subject to paragraph 95 below.

EIR 12(5)(e): Complaint partly upheld

Decision notice: fer0739133