A JUDGE has ruled key elements of a deal between councils and an airport operator can be kept secret, despite there being a significant public interest in exposing the details.

Judge Hazel Oliver said Darlington Borough Council may affect “legitimate economic interests” if was forced to disclose information Tees Valley councils signed with Durham Tees Valley Airport (DTVA) operator Peel in 2016 to keep the airport open to KLM and Eastern Airways for five years.

The documents have been at the centre of a battle between residents seeking information about the deal, which they claim affected a later decision by Darlington council  over Peel’s plans to build 350 homes at the airport.

Darlington council had appealed to the first-tier tribunal over a decision by the Information Commissioner last December to force it to release the papers.

But Judge Oliver said the tribunal accepted the release of information about commercial viability tests which affect the future operation of DTVA could damage public perceptions about the viability of the airport.

She added: “This may limit future bookings and so affect the ability of DTVA to attract new airlines and investors. As explained by Peel, this could also cause a loss of confidence from partner airlines, as well as tenants and other users – and this could happen in circumstances where the parties to the agreement wish to continue operating DTVA.

“These consequences would damage the legitimate interests of both the appellant and Peel in keeping DTVA operating successfully. We also accept that this information could advantage competitor regional airports and enable them to act in ways to damage DTVA’s commercial standing.

“In addition, at the time of the request, various conditions precedent had not been fulfilled, and so disclosure at that point would undermine commercial confidentially and destabilise the agreement between the parties.”

She said the public importance of DTVA means there was “a need to be open and transparent, so that the public can understand what is happening with DTVA and its future viability, and hold the public authorities involved to account”.

Judge Oliver added: “The public interest in disclosure of specific information about any agreement to keep DTVA open is genuine and significant.

“However, non-disclosure of the withheld information is also in the public interest, primarily because disclosure of this information would damage the future viability of DTVA. There is substantial public interest in ensuring that DTVA can continue to operate...”

Transparency campaigner John Latimer said the judge’s decision is disappointing as it prevented the public from knowing if the house-building scheme and move keep the airport open were linked.

A Darlington Borough Council spokesman declined to comment on the judge’s ruling, but said the tribunal’s outcome had been noted.