Torridge District Council

The complainant requested information held by Torridge District Council (the council) regarding the Appledore Clean Maritime Innovation Centre development project. The council responded to the request under the Freedom of Information Act 2000 (FOIA) and provided what it considered to be a full response. The Commissioner considers that the request was for environmental information and that the EIR is therefore the correct access regime. The Commissioner considers that the council failed to provide information that answered one part of the complainant’s request. However, he is satisfied that, on the balance of probabilities, this information is not held by the council, and it is therefore entitled to rely on regulation 12(4)(a) (information not held) of the EIR to refuse this part of the request. For the remaining parts of the request, the Commissioner is satisfied that the council has provided the complainant with the relevant information it holds. The Commissioner does not require any steps as a result of this decision notice.