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

The Tribunal read and took account of an open bundle of evidence and pleadings, as well as a closed bundle.

The closed bundle contained the Withheld Information, as well as copies of certain correspondence between the Authority and the Commissioner in connection with his investigation, which addressed the Withheld Information and the Authority’s arguments in support of withholding it. The Withheld Information comprised correspondence between the Authority and Cobalt Energy, as well as reports, technical information and other data relating to the Site. Also included within the closed bundle was a document setting out Cobalt Energy’s comments on the commercial sensitivity of each aspect of the Withheld Information (which we understand to be to the response from Cobalt Energy referred to in paragraph 23 of the Decision Notice).

The open bundle included an informal witness statement on behalf of the Appellant. The witness’s statement did not specify their role or status (beyond having a PhD in chemistry), but it stated that they had “a sound understanding of the risks and hazards associated with” battery energy storage sites, for reasons given in the statement. It is not necessary for us to identify this witness personally in this decision - therefore we merely refer to them as “the witness” and we mean no disrespect to them in doing so.

All of the contents of the bundles were taken into account, even if not directly referred to in this decision.