Rotherham Metropolitan Borough Council

The complainant requested information about potential development plans in relation to land currently used as a recreation ground. During the Commissioner’s investigation, the Council confirmed that, contrary to its earlier responses, it does not hold information within the scope of the request. The Commissioner’s decision is that where regulation 12(4)(a) has been applied the exception is engaged. He is satisfied that on the balance of probabilities no recorded information was held at the time of the request. However, he has determined that, in its handling of this request, the Council breached regulation 14(2) by not providing a refusal citing the regulation 12(4)(a) within 20 working days of receipt of the request. Information Tribunal appeal EA/2015/0006 dismissed.