Moreton-in-Marsh Town Council

The complainant requested information relating to the purchase and development of the British Legion site in Moreton-in-Marsh. Moreton in Marsh Town Council (the “council”) disclosed some information and withheld other information under the exemption for commercial interests – section 43(2) of the FOIA. During the Commissioner’s investigation the council disclosed further information and reconsidered the request under the EIR, withholding information under the exception for commercial confidentiality – regulation 12(5)(e). The Commissioner’s decision is that the council wrongly handled the request under the FOIA and breached regulations 5(1) and 14 of the EIR and that it failed to demonstrate that the exception in regulation 12(5)(e) is engaged. The Commissioner requires the council to disclose the costings information withheld under regulation 12(5)(e).