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Malvern Hills District Council

  • Date 3 January 2025
  • Sector Local government
  • Decision(s) EIR 5.1: Not upheld, EIR 5.2: Upheld

The complainant requested information about a specific tree. Malvern Hills District Council (the “Council”) disclosed some information and withheld other information under the exceptions for internal
communications (regulation 12(4)(e)) and commercial confidentiality (regulation 12(5)(e)). During the Commissioner’s investigation the Council revised its position, disclosing the information previously withheld under regulation 12(5)(e) and confirming that the information withheld under regulation 12(4)(e) fell outside the scope of the request. The Commissioner’s decision is that the Council disclosed all the information falling within the scope of the request and complied with regulation 5(1) but that it disclosed the information previously withheld under regulation 12(5)(e) outside the time for compliance and breached regulation 5(2). The Commissioner does not require further steps.