Brighton and Hove City Council

The complainant requested from Brighton and Hove City Council (“the council”) the names of those who had expressed an interest in a proposal to develop Home Farm Buildings in Stanmer. The council sought to withhold all of the information using the exceptions under regulation 13(1) and 12(5)(e) of the Environmental Information Regulations 2004 (“the EIR”). These exceptions relate to third party personal data and the confidentiality of commercial information. The Commissioner’s decision is that the council correctly withheld some information using regulation 13(1) however some information was incorrectly withheld using this exception. The Commissioner did not consider that the council had demonstrated that regulation 12(5)(e) was engaged. The Commissioner requires the public authority to disclose the names of the organisations or companies that expressed an interest in the development. The council may withhold the names of specific individuals.