South Lakeland District Council

The complainant requested correspondence between South Lakeland District Council (“the Council”) about Planning, Land Charges and Building Control for a specified address (the complainant’s field) and third parties. The Council stated that it did not hold any information in scope of the request. The Commissioner determined that the Council wrongly handled the request under the FOIA and that the request fell to be considered under the EIR. Having considered the application of regulation 12(4)(a) – information not held – which has similarities to section 1(1) of FOIA, he is satisfied that, on the balance of probabilities, the Council did not hold the information requested by the complainant. However, the Council failed to issue a refusal notice relying on Regulation 12(4)(a) of the EIR - information not held - within 20 working days, it therefore breached Regulation 14 of the EIR.