Mid Sussex District Council

The complainant has requested information relating to the councils monitoring of windfall developments. The council provided some information however it refused other information on the basis that the exception in Regulation 12(4)(e) of the EIR applied. During the course of the Commissioner's investigation it also applied Regulation 12(4)(d) to withhold the information. The Commissioner’s decision is that the council was not correct to apply Regulation 12(4)(d) to the information, She has also decided that although Regulation 12(4)(e) is engaged, the public interest in the disclosure of the information outweighs that of the exceptions being maintained. The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation. To disclose a copy of the withheld information to the complainant.