Royal Borough of Kingston upon Thames

The complainant submitted a request to the Royal Borough of Kingston upon Thames (the Council) seeking all information it held relating to particular planning applications. The Council disclosed some information in response to the request but redacted or withheld additional information the basis of the following exceptions within the EIR: 12(4)(e) (internal communications), 12(5)(b) (course of justice), 12(5)(d) (confidentiality of proceedings), 12(5)(f) (interests of the person who provided the information), 12(5)(e) (confidentiality of commercial or industrial information) and 13 (personal data). The complainant challenged the Council’s decision to withhold information falling within the scope of her request. She also argued that the Council was likely to hold further information falling within the scope of her request. The Commissioner’s decision is that the Council is entitled to withhold information on the basis of regulations 12(4)(e), 12(5)(b) and 13. However, the Commissioner has concluded that the 12(5)(f) and 12(5)(e) do not provide a basis to withhold any of the information. The Commissioner has also concluded that the Council does not hold any further information falling within the scope of the request beyond that disclosed to the complainant or withheld from disclosure.