The complainant requested a report relating to a landslide at a specified location. Stockport Metropolitan Borough Council (the ‘Council’) initially cited Regulation 12(4)(d) - of the EIR – the exception for material in the course of completion etc. At internal review, the Council revised its position and said it did not hold a “report”. During the course of the Commissioner’s investigation, the Council advised that it held an email from one of the surveyors who had visited the landslide, which set out his recommendations. The Commissioner deems this email to be in scope of the request. The Council refused to disclose the non-excepted parts of the email to the complainant prior to the issuing of this notice, as it did not agree that this email constitutes a “report”. It withheld the remainder under the EIR, citing Regulation 12(5)(d) – confidentiality of proceedings, Regulation 12(5)(e) - commercial or industrial confidentiality, Regulation 12(5)(f) – adverse effect on the interests of the person who provided the information voluntarily and Regulations 5(3) and 13(1) – personal data. The Commissioner’s decision is that the Council was correct to handle this request under the EIR for the reasons set out in this notice. He also finds that:

- The Council has properly relied on Regulation 12(5)(d) of the EIR to withhold the material within the email it was applied to. 

- The Council correctly withheld the personal data within the email by virtue of Regulation 5(3) of the EIR. 

- The Council breached Regulation 11(4) of the EIR in failing to provide the outcome of its internal review within 40 working days. 

- The Council was not entitled to withhold the unexcepted material within the email and is required to disclose it as set out under paragraph 4 below).

- The Council was not entitled to rely on Regulation 13 of the EIR for the personal data specified in paragraph 4 below).

- As the Commissioner has found that Regulation 12(5)(d) of the EIR was correctly engaged, he has not deemed it necessary to consider the Council’s reliance on Regulations 12(5)(e) and (f) any further. 

The Commissioner requires the Council to take the following steps within 30 calendar days of the date of this decision notice to ensure compliance with the legislation:

- Disclose all the unexcepted material within the marked up email.

- Disclose the withheld personal data including the name, job title, mobile number and email address of the author of the email, withheld under Regulation 13 of the EIR. It should be noted that the company address, landline number and website address form part of the unexcepted material.