Mid Devon District Council

The complainant requested information from Mid Devon District Council (“the Council”) relating to Cabinet meetings concerning the development and sale of land. The Commissioner’s decision is that the Council is entitled to rely on regulation 12(5)(e) (commercial and industrial information) of the EIR to withhold some information falling within the scope of the request. However, he finds that with the exception of a guide price, the Council is not entitled to rely on regulation 12(5)(e) of the EIR to withhold a lesson learned document relating to the Park Nursery land. The Commissioner finds that the Council is entitled to rely on regulation 13(1) (personal data) of the EIR to withhold some information falling within the scope of the request. He also finds that the Council complied with regulation 5(2) (time for compliance) by responding to the request within 20 working days. The Commissioner requires the Council to take the following steps to ensure compliance with the legislation. The Council must disclose the withheld lessons learned document relating to the Park Nursery land. However, it may redact the guide price contained within that document. 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.