Breckland District Council
- Date 5 July 2022
- Sector Local government
- Decision(s) EIR 12.5.e: Upheld, EIR 14: Upheld, EIR 5.1: Upheld
The complainant requested information relating to the sale of Barnham Broom Golf and Country Club. Breckland District Council (the “council”) withheld the information under the exemption for commercial interest – section 43(2) of the FOIA. At the Commissioner’s direction the council reconsidered the request under the EIR and disclosed some information to the complainant. Other information was withheld under the exception for commercial interests – regulation 12(5)(e) of the EIR. The Commissioner’s decision is that the council wrongly handled the request under the FOIA and breached regulation 5(1) and regulation 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 information withheld under regulation 12(5)(e). First-tier Tribunal (General Regulatory Chamber) Information Rights appeal EA/2022/0208 appeal allowed.