Cheshire East Council
- Date 8 February 2023
- Sector Local government
- Decision(s) EIR 12.4.a: Not upheld, FOI 14: Upheld
The complainant requested information about why a particular site was removed from the Danes Moss Landscape Character Area. Cheshire East Council (the Council) stated that it did not hold the requested information and, as such, relied on regulation 12(4)(a) (information not held) of the EIR. The Commissioner’s decision is that, on the balance of probabilities, the Council does not hold the requested information, in accordance with regulation 12(4)(a) of the EIR. However, the Commissioner finds that the Council breached regulation 14 of the EIR by failing to issue a refusal notice within the statutory timescale. The Commissioner does not require any steps to be taken.