Hastings Borough Council

The complainant has requested correspondence between Hastings Borough Council (the council) and its geotechnical advisors about certain conditions relating to a caravan park site licence. The council refused the request, confirming during the course of the Commissioner’s investigation that the information had been withheld under regulation 12(5)(d) –confidentiality of proceedings, and regulation 12(5)(e)- commercial confidentiality. The Commissioner’s decision is that the council is entitled to rely on regulation (12)(5)(e) as its basis for withholding some of the requested information, and the public interest rests in favour of maintaining this exception. However, the council has failed to demonstrate that regulation 12(5)(d), or regulation 12(5)(e), is engaged in respect of the remaining information that has been withheld. Furthermore, the Commissioner has found that the council has breached regulation 14(2) of the EIR by failing to issue a refusal notice within 20 working days of receipt of the request. In addition, the council failed to specify what exception it was relying on, or its consideration of the public interest test, in its responses to the complainant. As a result, the Commissioner is satisfied that the council has also breached regulation 14(3)(a) and 14(3)(b) of the EIR. The Commissioner requires the council to release the version of the draft licence conditions that it has withheld in response to this request.