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Armagh City, Banbridge & Craigavon Borough Council

  • Date 9 January 2023
  • Sector Local government
  • Decision(s) EIR 12.4.d: Upheld, EIR 12.5.e: Upheld

The complainant has requested information from Armagh City, Banbridge and Craigavon Borough Council in relation to the sale or transfer of land to Southern Regional College (SRC) for development. The Council initially refused all parts of the request in reliance on the exception at regulation 12(5)(e) (confidentiality of commercial information) of the EIR. It subsequently sought to rely on regulation 12(4)(d) (unfinished documents) in respect of some parts. The Commissioner’s decision is that the Council has failed to demonstrate that regulation 12(4)(d) is engaged. He also finds that the Council has failed to demonstrate that the public interest in maintaining the exception at regulation 12(5)(e) outweighs the public interest in disclosure. The Commissioner requires the Council to disclose the requested information.