Mid Devon District Council

The complainant has requested a copy of a document commissioned by Mid Devon District Council (the council) which sets out details of the estimated costs of a planned housing development. The Commissioner’s decision is that the council was not correct to rely on section 43(2) of the Freedom of Information Act 2000 (the FOIA) when withholding the requested information, but is entitled to rely on regulation 12(5)(e) (confidentiality of commercial or industrial information) of the EIR. However, by failing to deal with the request under the EIR, the Commissioner has found that the council has breached regulation 14(3) of the EIR. Furthermore, as the council failed to provide its internal review response within the required 40 days, it has also breached regulation 11(4) of the EIR. The Commissioner does not require the council to take any steps as a result of this decision notice. First-tier tribunal (General Regulatory chamber) information rights appeal EA/2021/0293 appeal dismissed.