Rossendale Borough Council

The complainant requested information from Rossendale Borough Council (“the Council”) relating to the refurbishment of Rawtenstall Market. The Commissioner’s decision is that on the balance of probabilities, the Council holds further information within the scope of the request which has not been disclosed to the complainant. He also finds that the Council breached regulation 11 (reconsideration) of the EIR by failing to complete its internal review within 40 working days. The Commissioner requires the Council to take the following steps to ensure compliance with the legislation. The Council must either disclose the information outlined in paragraph 26 of this notice to the complainant or issue an appropriate refusal notice which complies with the requirements of the EIR. The Council must take these steps within 30 calendar days of the date of this decision notice. Failure to comply may result in the Commissioner making written certification of this fact to the High Court pursuant to section 54 of the Act and may be dealt with as a contempt of court.