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Mid Sussex District Council

  • Date 5 April 2022
  • Sector Local government
  • Decision(s) EIR 12.5.e: Upheld, EIR 12.5.f: Upheld

The complainant requested plans and technical specifications relating to a golf clubhouse, submitted as part of the building control process, from Mid Sussex District Council (“the Council”). The Council withheld some of the information under regulation 12(5)(e) of the EIR – Adverse effect on the confidentiality of commercial information – and the remainder of the information under regulation 12(5)(f) – Adverse effect on the information provider. The Commissioner’s decision is that regulation 12(5)(e) is engaged, but that the balance of the public interests favours disclosure of the information withheld under that exception. He finds that regulation 12(5)(f) is not engaged in respect of the reminder of the information. The Commissioner requires the Council to take the following step to ensure compliance with the legislation. Disclose all of the withheld information to the complainant.