Wirral Metropolitan Borough Council
- Date 5 August 2013
- Sector Local government
- Decision(s) EIR 11: Upheld, EIR 5: Upheld
The complainant requested a copy of an independent viability assessment report in relation to a planning application for a site on Ingleborough Road, Birkenhead. The public authority disclosed some information from the report and withheld the remainder on the basis of the exception at regulation 12(5)(e) of the EIR. The Commissioner’s decision is that the public authority was entitled to withhold the remaining information in the report on the basis of regulation 12(5)(e). The Commissioner however finds the public authority in breach of its obligations under regulations 5(2) and 11(4) of the EIR. Information Tribunal appeal (EA/2013/0191) part allowed.