Llanelidan Community Council

The complainant requested various pieces of information relating to Llanelidan Village Green (the Village Green). Llanelidan Community Council (the Council) refused the request under section 42 (legal professional privilege) of the FOIA. At the internal review stage the Council reconsidered the request under the EIR, disclosed some additional information and sought to rely on regulation 12(5)(b) to withhold information relating to the request. During the course of the Commissioner’s investigation, the Council reconsidered the request again under the FOIA and sought to rely on section 43 (commercial interests) to withhold information relevant to the request. The Commissioner’s decision is that the Council does not hold any further information relevant to the request. The Commissioner has also determined that the Council has failed to demonstrate that section 43 applies to the withheld information. The Commissioner requires the Council to disclose the information it has withheld under section 43.