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Maidstone Borough Council

  • Date 20 July 2021
  • Sector Local government
  • Decision(s) EIR 12.5.e: Upheld, EIR 14: Upheld, EIR 5.1: Upheld

The complainant has requested information relating to Mote Park Adventure Zone. Maidstone Borough Council initially withheld some information under the exemption for commercial interests – section 43(2) of the FOIA. During the Commissioner’s investigation the council reconsidered the request under the EIR, disclosing some information and withholding other information under the exception for commercial confidentiality – regulation 12(5)(e). The Commissioner’s decision is that Maidstone Borough Council (the “council”) breached regulation 5(1) and regulation 14 and that it failed to demonstrate that the exception in regulation 12(5)(e) is engaged. The Commissioner requires the public authority to disclose the information in parts 2-5 of the request.