East Riding of Yorkshire Council
- Date 6 December 2022
- Sector Local government
- Decision(s) EIR 12.5.e: Not upheld, EIR 14: Upheld, EIR 5: Not upheld
The Commissioner’s decision is that, on the balance of probabilities, East Riding of Yorkshire Council (‘the Council’) has disclosed all the recorded information it holds within scope of the request for information about a ‘Beverley Energy Network’ project. The Council is entitled to rely on regulation 12(5)(e) of the EIR to withhold some of the requested information in order to protect commercial confidentiality. The Council breached regulation 14(2) of the EIR as its refusal was provided outside the 20 working day requirement, and it breached regulation 14(3) of the EIR as it incorrectly issued its refusal under FOIA and not the EIR.