Hastings Borough Council

The complainant has requested information relating to a viability report and associated documents for a site in Hastings. The council refused the request on the basis that Regulation 12(5)(e) of the EIR applies (commercial confidentiality). The Commissioner’s decision is that the council was correct to apply the exception to some of the information, however it was not correct to apply the exception to the entirety of the viability report and its appendices. She has also decided that the public interest rests in withholding the information which she has identified as falling within the scope of the exception. The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation. To disclose the information outlined in the annex to this decision notice.