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South Hams District Council

  • Date 12 September 2019
  • Sector Local government
  • Decision(s) EIR 12.5.e: Upheld

The complainant has requested a copy of draft plans shared with South Hams District Council (SHDC) by a landowner as part of the pre-application stage of a proposed housing development.  SHDC refused to disclose the plans, citing the exception provided by 12(5)(e) (commercial confidentiality) of the EIR. The Commissioner’s decision is that SHDC has failed to demonstrate that regulation 12(5)(e) is engaged. The Commissioner requires SHDC to disclose the withheld information.