London Borough of Hammersmith and Fulham

The complainant has requested information on the business case for stabilisation and the long-term operation and maintenance of Hammersmith Bridge. The public authority, the London Borough of Hammersmith and Fulham (“the Council”), withheld the information in reliance of FOIA section 43(2), Commercial interests. The Commissioner determined that the Council should have considered the request under the EIR. The Council then relied on EIR exception regulation 12(5)(e), confidentiality of commercial or industrial information, to withhold the information. The Commissioner decided that in the circumstances of this case the Council is entitled to rely on the exception at regulation 12(5)(e) to withhold the requested information which is not already in the public domain and the public interest favours maintaining the exception in that regard. However, with respect to that information already in the public domain the Commissioner requires the Council to take the following steps.
• Disclose the information contained in the Outline Business Case which is already in the public domain.