FOI request (FOI-82065838)
Ecclesbourne Glen Landslide: - Proposal for Investigation and Assessment - 23 June 2015
Requested Thu 19 July 2018
Responded Tue 16 October 2018
Following an FOI request(80591946) for a list of Coffey reports you have identified a report titled:
"Ecclesbourne Glen Landslide: - Proposal for Investigation and Assessment - 23 June 2015 "
This information is held however is being refused under Environmental Information Regulations the information requested above exempt under Section 12(5)(e) 'Confidentiality of commercial or industrial information where such confidentiality is provided by law to protect a legitimate economic interest'
NOTICE OF REFUSAL
We have considered the following:
- Adverse effect on the economic interest of the owners of Rocklands Caravan Park
- Maintaining commercial confidences
- In all circumstances of the case the public interest in maintaining the exemption outweighs the public interest in disclosure
- Manifestly unreasonable use of council's resources in constant use of FOI/EIR. The council could have used refusal notices but in the spirit of the Act have tried to comply with providing as much information as possible. In doing so this has caused a backlog of work for the Information Officer as nearly every request is followed by an internal review or challenged in another way.
We believe that the disclosure of this commercial information is more likely to have an adverse effect on the economic interest of the owners of Rocklands Caravan Park.
Section 12(5)(e) is subject to a public interest test. This means that a public authority can refuse to disclose information under these exceptions if in all the circumstances of the case the public interest in maintaining the exception outweighs the public interest in disclosing the information.
Factors for disclosure:
- Transparency and accountability
Factors against disclosure:
- If the information is disclosed it could be used to seek harm on the owners commercial interests.
- This report contains highly sensitive and confidential information and the disclosure of this report is likely to prejudice the owners commercial interests.
- Were such information disclosed, then it could be used by competitors and potential purchasers to the owners financial detriment.
- Unfounded critical publicity (and defamatory) reviews and postings about their business via social media and press leading to a loss of trade by virtue of a long running campaign since 2013.
- Significant diversion of their attention away from the efficient running of their business.
- A material reduction in the funds they have available to invest in their business.
- Undue upset and worry for caravan owners which has significantly affecting their health.
- A reduction in the value of their park/business proved by lack of bookings for holiday lets and proved by valuations.
- Constant bad publicity by SEG hampers the owners ability to be able to eventually sell their land and business for a fair value
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