Ryedale District Council

The complainant has requested an email which relates to the proposed sale and subsequent redevelopment of a site owned by Ryedale District Council (‘the Council’). The Council refused to disclose the email citing sections 36(2)(b)(i) and (ii) (inhibition to the free and frank provision of advice and exchange of views). During the Commissioner’s investigation it also cited section 43(2)(commercial interests). The Commissioner’s decision is that the Council has correctly applied sections 36(2)(b)(i) and (ii) of the FOIA in this case and that the public interest in maintaining the exemption outweighs the public interest in disclosure. In light of this it has not been necessary to also consider section 43(2). No steps are required.