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  • FOI request (FOI-91845649)

    Old Bathing Pool site

    Requested Mon 15 October 2018
    Responded  Fri 19 October 2018

    Please assist me as I try to better understand why the community in Hastings and St.Leonards are not informed and or consulted about proceedings to develop the old Bathing Pool site in St.Leonards.

    Under the legislation the Freedom of Information Act please provide a copy of the proposals currently being considered for the old Bathing Pool site on Seaside Road.


    Response

    NOTICE OF REFUSAL

    Under Environmental Information Regulations the information requested relating to the Old Bathing Pool Site is 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'

    We have considered the following:

    • Is the information commercial or industrial
    • Is the information subject to confidentiality provided by law
    • Is the confidentiality protecting a legitimate economic interest
    • Would disclosure adversely affect the confidentiality

    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:

    a) Transparency and accountability

     Factors against disclosure:

    a)  Negotiations for this proposal are currently ongoing the release of the proposals would prejudice those negotiations
    b)  Ensuring that companies are able to compete for business fairly

    For the reasons given above we will not be communicating to you the information you have requested.

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