Cherwell District Council
- Date 28 July 2022
- Sector Local government
- Decision(s) EIR 12.5.e: Upheld, EIR 14: Upheld, EIR 5.1: Upheld
The complainant requested information regarding the use of and disposal of land owned by Cherwell District Council (the “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 reconsidered the request under the EIR and withheld 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 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).