The complainant requested information relating to the proposed development of a Garden Community. Tendring District Council (the Council) provided some information but withheld the remainder citing regulations 12(5)(b) (the course of justice), 12(5)(e) (the confidentiality of commercial information), 12(4)(d) (unfinished documents) and 13 (personal information) of the EIR. The Commissioner has investigated its application of regulations 12(5)(b), 12(5)(e) and 12(4)(d). She has also considered the timeliness of its handling of the request. The Commissioner’s decision is that the Council cited regulations 12(5)(b) and 12(5)(e) appropriately. However, while she found that regulation 12(4)(d) was cited correctly in respect of some of the information withheld by virtue of that exception, she found that the Council failed to demonstrate that regulation 12(4)(d) was engaged in respect of the remaining withheld information. She also found that the Council breached regulations 5(2) (time for compliance) and 5(11) (representations and reconsideration) as the Council failed to respond to the complainant’s request within 20 working days and failed to respond to the complainant’s request for an internal review within 40 working days. The Commissioner requires the Council to take the following steps to ensure compliance with the legislation: disclose to the complainant the Valuation Analysis document.
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