FOI request (FOIR-118603212)

The Rocklands caravan site licence issued in April 2018 stipulates that:

"Lower slopes

Within 6 weeks of the date of issue of this license (or any other timeframe subsequently agreed by the licensing authority), the licensee must submit suitable proposals to the licensing authority for the fencing and signage of the area hatched red on the site plan. Within 8 weeks of the licensing authority consenting to any such proposals (or any other timeframe subsequently agreed by the licensing authority), the licensee must erect the fencing and signage. "

I formally request under EIR the following:

Please supply the dates that these proposals were submitted.

Please confirm that HBC holds copies of such proposals

Please supply a list of the documents supplied to HBC for these proposals

Please supply copies of these proposals

Please provide the date of consent to these proposals

Please provide the implementation date of these proposals

NOTICE OF REFUSAL

Under the terms of the site licence for Rocklands Caravan Park records submitted to the council in connection with the land management plan are strictly confidential.  This request is therefore being refused under Environmental Information Regulations the information requested 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:

- Transparency and accountability

Factors against disclosure:

- Adverse effect on the economic interest of the owners of Rocklands Caravan Park

- Maintaining commercial confidences

- The release of this information could lead to further harassment to the owners

- Correspondence is clearly marked strictly confidential

- If the information is disclosed it could be used to seek harm on the owners commercial interests.

- Were such information disclosed, then it could be used by competitors and potential purchasers to the owners financial detriment.

- In all circumstances of the case the public interest in maintaining the exemption outweighs the public interest in disclosure

NOTICE OF REFUSAL

Hastings Borough Council are also relying on Exception 12(5)(b) The course of justice and inquiries.

Regulation 12(5)(b) provided an exception from disclosure of environmental information which adversely affect the course of justice.  This has a wide meaning and public authorities can consider claiming this exception when they receive requests for:

- material covered by legal professional privilege. 

The course of justice has a wide meaning but includes material covered by legal professional privilege - correspondence from an external lawyer to a client and confidential communication between them about that advice.

 

Exception 12(5)(b) 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:

- Maintaining confidences, the correspondence is clearly marked 'strictly confidential'.

- Information in relation to certain conditions of the caravan site licence are confidential.

- The release of the information could lead to further harassment to the owners.

The factors against disclosure outweigh those in favour therefore this information will not be disclosed.