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Decision Summary

  • Case Ref: FS50188307
  • Date: 25 March 2010
  • Public Authority: Mid Sussex District Council
  • Summary: The complainant requested information concerning the decision by the council’s contractors that a planned housing development and relief road was not viable. The council initially refused disclosure of the information under section 36 of the Act but during the Commissioner’s investigation it was withheld via regulation 12(5)(f) of the EIR. The Commissioner found the council to have applied the exception at regulation 12(5)(f) incorrectly but that the arguments it submitted fell under regulation 12(5)(e). He found the exception at 12(5)(e) to be engaged in respect of part of the information and that the public interest in maintaining the exception outweighed the public interest in disclosure. He found that the exception at 12(5)(e) was not engaged in respect of the remainder of the information and ordered its disclosure. The Commissioner identified some items of third party personal data within the information and that the condition at regulation 13(2)(a)(i) required redaction of that information prior to disclosure. The Commissioner found that the council had failed to comply with regulations 5(1), 5(2) and 14(3)(a) of the EIR.
  • View PDF of Decision Notice: [1]