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Isle of Wight Council

  • Date 9 October 2018
  • Sector Local government
  • Decision(s) EIR 12.5.e: Not upheld, EIR 14: Upheld, EIR 5.1: Upheld

The complainant has requested information about the proposed development of Heights Leisure Centre, Sandown. Isle of Wight Council disclosed a redacted version of the information, withholding other information under the FOIA exemption for commercial interests (section 43(2)). During the Commissioner’s investigation the council reconsidered the request under the EIR, withholding the information under the exception for commercial confidentiality (regulation 12(5)(e)). The Commissioner’s decision is that Isle of Wight Council wrongly handled the request under the FOIA and breached regulation 5(1) and regulation 14 of the EIR and that it correctly withheld information under regulation 12(5)(e). The Commissioner does not require the public authority to take any steps.