Vale of White Horse District Council
- Date 16 January 2018
- Sector Local government
- Decision(s) EIR 12.5.e: Upheld, EIR 5.1: Upheld, EIR 5.2: Upheld
The complainant requested information relating to a planning application for development in West Bay, Botley. She specifically asked for information regarding viability submissions. The council supplied some redacted information and said that the exception under regulation 12(5)(e) of the Environmental Information Regulations 2004 (“the EIR”) applied. This exception concerns commercially sensitive information. It said that the public interest did not favour disclosure. The complainant asked the Commissioner to consider whether the council had correctly withheld the information. The Commissioner’s decision is that insufficient evidence was supplied to support the use of the exception and the Commissioner has therefore found that regulation 12(5)(e) was not engaged. The Commissioner has found breaches of regulations 5(1) and 5(2) of the EIR.