Swansea Council
- Date 12 November 2025
- Sector Local government
- Decision(s) EIR 12(4)(a): Not upheld, EIR 12(5)(c): Upheld, EIR 12(5)(e): Upheld, EIR 12(5)(f): Upheld, EIR 13(1): Partly upheld, EIR 14: Upheld, EIR 5(2): Upheld
The complainant submitted a request to Swansea Council for information regarding soundproofing in relation to a specific property development.
The Commissioner’s decision is that the council was not entitled to rely upon regulations 12(5)(c) (intellectual property rights), 12(5)(e) (commercial or industrial information) and 12(5)(f) (interests of the information provider) of the EIR to withhold the requested information. However, he finds that in relation to the application of regulation 13(1) (personal data) the exception is partially engaged, and that in regards to question four of the request, the council does not hold any further information, beyond that which has been identified. Furthermore, the Commissioner has found that the council’s handling of the request breached regulations 5(2) and 14 of the EIR.
The Commissioner requires the council to take the following steps to ensure compliance with the legislation:
• Disclose the withheld information. The council may make the redactions specified in the confidential annex.
The council must take these steps within 30 calendar days of the date of this decision notice. Failure to comply may result in the Commissioner making written certification of this fact to the High Court pursuant to section 54 of the Act and may be dealt with as a contempt of court.