Derbyshire Dales District Council

The complainant requested information relating to a planning inquiry. Derbyshire Dales District Council (the “council”) refused the request, withholding information under the exceptions for the course of justice (regulation 12(5)(b)) and commercial confidentiality (regulation 12(5)(e)). The Commissioner’s decision is that the council was not entitled to refuse to disclose the requested information under regulation 12(5)(b) or regulation 12(5)(e) of the EIR. In failing to demonstrate that those exceptions were engaged at the time of the request, the council breached regulation 5(1) of the EIR. The Commissioner requires the council to disclose the information withheld under regulation 12(5)(b) and regulation 12(5)(e).