Folkestone and Hythe District Council

The complainant has requested information about affordable housing. Folkstone & Hythe District Council (‘the council’) originally considered the request under FOIA, disclosing some information and withholding the remainder under various exemptions. However, the council subsequently reconsidered the request under the EIR. It disclosed further information and its final position is that a small amount of information it’s continuing to withhold is excepted from disclosure under regulation 12(5)(e) of the EIR. This exception concerns the confidentiality of commercial information.The Commissioner’s decision is that the financial information within scope of Q7 of the request that the council is withholding engages regulation 12(5)(e) of the EIR. However, the timeliness of the council’s response didn’t comply with regulations 5(2) or 14. The Commissioner doesn’t require further steps.