Colchester Borough Council

The complainant requested project information regarding the firstsite:newsite project in Colchester. The Council provided some information but refused to disclose the remaining information citing section 43(2) of the Act which relates to ‘commercial interests’. During the course of the investigation the Commissioner found that the information was environmental information and asked the Council to reconsider the request. The Council maintained that the information is subject to the exceptions in Regulations 12(5)(c),(d) and (e) and 13(1). The Commissioner found that Regulations 12(5)(c), (d) and (e) are not engaged in relation to any of the withheld information. He also found that Regulation 13(1) is engaged. He requires the Council to now disclose the information incorrectly withheld under Regulations 12(5)(c), (d) and (e). He has also recorded a number of procedural breaches.