FT/EA/2024/0207 - [2025] UKFTT 01276 (GRC)

The Appellant, in his grounds of appeal and subsequent submissions, made reference to various paragraphs within the Decision Notice which he disagreed with, comments about general issues regarding battery energy storage sites and to other information which had been made available regarding the Fire. However, the fundamental issue which we needed to determine was whether the Commissioner was correct in concluding, in the Decision Notice, that the Authority could rely on regulation 12(5)(e) to refuse to disclose the Withheld Information. Our decision therefore focusses on that issue.

We should note, for completeness, that the Authority (pursuant to the requirements of the Decision Notice) disclosed the Reports to the Appellant with a letter dated 22 May 2024. It has therefore not been necessary for us to address the findings of the Decision Notice regarding the application of regulation 12(5)(c) in respect of the Reports.