Rutland County Council

The complainant has requested from Rutland County Council (the Council) information relating to a planning application.  The Council provided some information and stated that some information was not held. The complainant maintains that the Council holds more information than it has provided. The Commissioner’s decision is that, on the balance of probabilities, the public authority does hold further information. He has also decided that the public authority breached regulation 5(2) of the EIR as it failed to make some environmental information available within 20 working days and breached regulation 11(4) of the EIR by failing to provide an internal review within 40 working days. The Commissioner requires the Council to take the following steps to ensure compliance with the legislation.
•    Issue a fresh response to the request, having carried out fresh searches for information within the scope of the request. In the event further information is identified, that information should either be disclosed or an appropriate refusal notice issued under the EIR.