The complainant has requested information on pre-planning discussions regarding Blackborough House between the developer and the council. The council referred the complainant to its website for some information however, it withheld other information under the exemptions in Regulation 12(5)(e) (commercial confidentiality) and Regulation 12(4)(d) (material in the course of completion). During the course of the Commissioner’s investigation the council disclosed further information to the complainant, whilst still withholding other information. It also informed the Commissioner that it had changed its opinion and decided to apply Regulation 12(5)(f) (interests of the person who provided the information) in place of the other two exceptions in place of the two exceptions previously quoted. The Commissioner’s decision is that the council was not correct to apply Regulation 12(5)(f) to withhold the information. The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation. To disclose the withheld information to the complainant.

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