Denbighshire County Council
- Date 22 May 2025
- Sector Local government
- Decision(s) EIR 12.4.b: Not upheld, EIR 12.5.e: Not upheld, EIR 13: Not upheld, EIR 5.2: Upheld
The complainant has requested information from Denbighshire County Council (the Council) relating to a named property. The Council initially cited section 12 FOIA which it later changed to regulation 12(4)(b) of the EIR - manifestly unreasonable. However, the Council did provide some information, part of which it withheld under regulations 13 (personal data) and 12(5)(e) (confidentiality of commercial or industrial information) of the EIR. The Commissioner’s decision is that the Council applied regulation 12(4)(b) appropriately and that the public interest favours maintaining the exception. He has also decided that the Council applied regulations 13 and 12(5)(e) correctly. By failing to provide a response within 20 working days, the Commissioner finds that the Council has breached regulation 5(2) of the EIR. The Commissioner does not require further steps. First-tier tribunal (General Regulatory chamber) information rights appeal FT/EA/2025/0232 under appeal.