Disclosure Log

Helmsley Road, Rainworth, and any proposed residential development on land adjacent to the road. (FOI/8245)

Message from Nottinghamshire County Council - 04 August 2026

The information within scope of your request involves a third-party commercial partner. In accordance with the EIR Code of Practice and established good practice, we consulted the third party regarding the potential disclosure of the information. The third party provided representations explaining why the information remains commercially confidential and how disclosure would adversely affect its legitimate commercial interests. Their arguments are presented below and having carefully considered those representations, we are satisfied that the exceptions cited are applicable in this case.

1. Confidentiality of commercial information (Regulation 12(5)(e)) 

The pre-application material comprises commercially sensitive information supplied in confidence for the purpose of obtaining informal technical advice from the Council prior to the submission of any planning application. The documents include preliminary development concepts, draft highway layouts, design iterations, technical assessments, feasibility work and correspondence concerning development options which have not been finalised and remain subject to review. Disclosure would reveal commercially valuable information regarding the proposed development strategy, technical approach and viability considerations, causing prejudice to our commercial interests and those of the landowner and professional consultants. There is a clear expectation by both parties that pre-application discussions are conducted on a confidential basis to allow the free exchange of information before proposals are finalised.

2. Adverse effect on the confidentiality of proceedings (Regulation 12(5)(d)) 

The Council"s pre-application process exists to facilitate open and frank discussions between applicants and officers before proposals enter the public planning process. Premature disclosure would undermine that process by discouraging applicants from engaging openly with the authority and from sharing preliminary technical work. This would adversely affect the effectiveness and integrity of the Council"s pre-application service, contrary to the public interest in encouraging early engagement and better-quality submissions / planning applications.

3. Material is incomplete and under active development (Regulation 12(4)(d)) 

The pre-application and many of the documents requested are draft working documents which remain incomplete. They do not represent the final position of the developer or the Council and may be substantially amended or superseded before any planning application is submitted.

4. Voluntary information supplied by a third party without consent (Regulation 12(5)(f))

The information was supplied voluntarily as part of confidential pre-application discussions. We were not under any legal obligation to provide the information to the Council, nor could we have been compelled to do so. We do not consent to its disclosure, and the information has not otherwise been made publicly available.

Disclosure would adversely affect legitimate interests by revealing commercially sensitive development proposals, technical assessments and strategic considerations prior to any planning application being submitted. Release of the information would prejudice ongoing project development and negotiations, and would undermine the purpose of engaging in confidential pre-application discussions.

Public Interest Test

We recognise that these exceptions are subject to the public interest test. While we recognise the public interest in transparency surrounding potential development proposals, we consider that the balance of the public interest currently favours maintaining the exceptions.

There is a strong public interest in:

•    encouraging meaningful pre-application engagement; 
•    allowing developers and local planning authorities to explore options candidly; 
•    ensuring technical work can be refined before entering the public domain and planning process; and 
•    avoiding public misunderstanding arising from disclosure of draft, incomplete or abandoned proposals. 

Should a planning application ultimately be submitted, the relevant supporting documents will be made publicly available through the statutory planning process, enabling full public scrutiny and consultation at the appropriate stage. That process includes a formal period of public consultation, during which interested parties will have the opportunity to review the proposals, consider the supporting technical evidence, and make representations before any planning decision is taken. The public interest in transparency is therefore properly served through the planning process itself. Premature disclosure of draft or evolving material outside that process would risk creating confusion, misrepresenting proposals that remain under development, and undermining the purpose of confidential pre-application engagement.

Accordingly, disclosure at this stage would serve little public benefit whilst causing real prejudice to the commercial interests of those involved and to the effective operation of the Council"s pre-application procedures.