Penarth Town Council

The complainant requested information about Pembroke Terrace Play Area and a potential change of use or closure. Penarth Town Council (the council) provided some information but withheld information under regulations 12(4)(d) (material in the course of completion), 12(4)(e) (internal communications), 12(5)(e) (commercial confidentiality), 12(5)(f) (Financial or other detriment of others) and 13 (personal data) of the EIR.
The Commissioner’s decision is he is not persuaded that the council was entitled to apply regulations 12(4)(d), 12(4)(e), 12(5)(e) and 12(5)(f)  to withhold information falling within scope of the request. However, the council was entitled to apply regulation 13.
The Commissioner requires the council to take the following step to ensure compliance with the legislation. 
• disclose the information within scope of the request with redactions made for personal data.
The public authority must take this step within 30 calendar days of the date of this decision notice. Failure to comply may result in the Commissioner making written certification of this fact to the High Court pursuant to section 54 of the Act and may be dealt with as a contempt of court.