Erewash Borough Council

The complainant has requested information from Erewash Borough Council (“the Council”) in relation to a specific planning application. The Council provided information for four of the five points in the request. However, for the other point, which relates to a draft report, the Council originally advised that it no longer existed as it was subsumed into the Council’s committee report. The Council later, advised that it was withholding the remainder of the information under regulation 12(4)(d) of the EIR – material which is still in the course of completion, unfinished documents or incomplete data. The Commissioner’s decision is that the Council has correctly applied regulation 12(4)(d) of the EIR (material in the course of completion) when determining the request. The Commissioner does not require the Council to take any steps as a result of this decision notice. Informational Tribunal EA/2023/0045 appeal struck out.