Mid Devon District Council

The complainant requested a report relating to 3 Rivers Developments Ltd. Mid Devon District Council (the “Council”) initially handled the request under the FOIA and withheld the information under the exemption for commercial interests (section 43). At the Commissioner’s direction it subsequently reconsidered the request under the EIR, disclosed some information and withheld other information under the exception for commercial confidentiality (regulation 12(5)(e)). The Commissioner’s decision is that the Council failed to respond in accordance with the EIR and breached regulation 5(1), 5(2) and 14 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). EIR 5(1) – upheld; EIR 5(2) – upheld; EIR 14 – upheld; EIR 12(5)(e) – upheld. Information Tribunal FT/EA/2024/0187 under appeal.