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Mendip District Council

  • Date 4 March 2020
  • Sector Local government
  • Decision(s) EIR 12.5.e: Not upheld, EIR 14.1: Upheld, EIR 5.1: Upheld

The complainant has requested a copy of a developer’s agreement relating to the Saxonvale site in Frome.  Mendip District Council refused the request, withholding the information under the exemption for commercial interests – section 43(2) of the FOIA.  At the Commissioner’s direction the council reconsidered the request under the EIR and disclosed a redacted version of the information, withholding information under the exception for commercial confidentiality – regulation 12(5)(e).  The Commissioner’s decision is that Mendip District Council initially wrongly handled the request under the FOIA and breached regulation 5(1) and 14(1) of the EIR and that it correctly applied regulation 12(5)(e) to withhold some of the requested information.  The Commissioner does not require the public authority to take any steps. Information Tribunal appeal EA/2020/0132 appeal dismissed.