ICO Decision on Withholding Land Contamination Report

ICO Decision Notices

Filed February 11th, 2026

Detected February 17th, 2026

Summary

The UK's Information Commissioner's Office (ICO) has issued a decision upholding Cheshire West and Chester Council's decision to withhold a land contamination report. The ICO found the information could be legitimately withheld under environmental information regulations.

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What changed

The Information Commissioner's Office (ICO) has ruled in favour of Cheshire West and Chester Council, allowing them to withhold a report concerning potential land contamination. The decision, dated 11 February 2026, upholds the Council's use of exceptions under regulation 12(5)(b) (course of justice) of the Environmental Information Regulations (EIR), meaning the complainant's request for the report was not upheld.

This decision has limited operational impact for regulated entities, as it confirms the validity of existing exemptions for withholding certain environmental information under specific circumstances. No further action is required from the Council, and the ICO does not mandate any steps for the complainant or other parties.

Source document (simplified)

Cheshire West and Chester Council

Date 11 February 2026
Sector Local government
Decision(s) EIR 12(5)(b): Not upheld The complainant has requested a report relating to potential land contamination. Cheshire West and Chester Council withheld the information under the exceptions provided by regulation 12(5)(b) (course of justice, etc.) and regulation 12(5)(e) (confidentiality of commercial or industrial information) of the EIR. The Commissioner’s decision is that the Council is entitled to withhold the information under regulation 12(5)(b). The Commissioner does not require further steps.