Lake District National Park Authority

The complainant requested a copy of the full planning file, and in particular a copy of any communication between LDNPA and Cumbria Highways, in respect of a specific planning application. The Commissioner’s decision is that the request is for environmental information and therefore the EIR is the correct information access regime to apply. LDNPA provided some of the requested information, however advised the complainant that in respect of communications with Cumbia Highways it did not hold the information. The Commissioner’s decision is that, on the balance of probabilities, LDNPA does not hold any communications with Cumbria Highways in relation to this planning application and so regulation 12(4)(a) of the EIR applies. The Commissioner does not require LDNPA to take any steps.