Elmbridge Borough Council

The complainant requested information about a specific planning complaint. Elmbridge Borough Council (the “Council”) disclosed some information and withheld other information under the exception for
internal communications (regulation 12(4)(e)). At the internal review stage the Council withdrew its reliance on this exception and confirmed that the information was not actually held. The Commissioner’s decision is that, on the balance of probabilities, the Council does not hold the requested records of the internal decision
making process and that regulation 12(4)(a) of the EIR applies. 3. The Commissioner does not require further steps.