Brent Council (Local government) [2022] UKICO 40998 (5 August 2022)
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Brent Council
The complainant has requested information concerning the Stonebridge Park Complex, a property subject to redevelopment by Brent Council. The Council originally refused the complainant’s main general request under section 12(1) of the Freedom of Information Act (FOIA), and withheld a Conditional Land Sale Agreement (CLSA) in its entirety under section 43(2) of the FOIA. In respect of other specific information requested, the Council advised that they did not hold such information. In the subsequent internal review the Council instead withheld the CLSA under regulation 12(5)(e)(commercial confidentiality) of the Environmental Information Regulations 2004 (EIR). During the Commissioner’s investigation, the Council provided the complainant with a revised response to her requests under the Environmental Information Regulations 2004 (EIR). The revised response refused the complainant’s main general request as manifestly unreasonable under regulation 12(4)(b) of the EIR and provided the complainant with a redacted copy of the CLSA, with a small amount of information being withheld under regulation 12(5)(e) of the EIR. In respect of other specific information requested, the Council confirmed that they did not hold such information. The Commissioner’s decision is that the Council was entitled to rely on regulation 12(4)(b) for the reasons set out in this notice. The Commissioner finds that the public interest test favours maintaining the exception. The Commissioner is also satisfied that the redacted information in the CLSA is exempt by virtue of regulation 12(5)(e) and that the public interest balance favours maintaining the exception. The Commissioner is satisfied that the Council does not hold the other specific information requested, for the reasons set out in this notice. However, as the Council originally incorrectly processed the complainant’s request under the FOIA rather than the EIR, the Commissioner has found that the Council breached regulation 14(3) of the EIR. Since the Council has already voluntarily provided the complainant with a revised request response under the EIR, the Commissioner does not require the Council to take any steps to remedy this breach. The Commissioner has also found that the Council failed to provide a satisfactory response to the complainant’s request for annual reports concerning the Stonebridge Park Complex, in that they sought clarification of the request from the complainant which the complainant had previously given. The Commissioner requires the Council to…
EIR 12(4)(b):
Complaint not upheld
EIR 12(5)(e):
Complaint not upheld
Decision notice: 40998
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URL: http://www.bailii.org/uk/cases/UKICO/2022/40998.html
