Amber Valley Borough Council

The complainant requested information relating to planning decision making and environmental matters connected to a specified planning application from Amber Valley Borough Council (“the council”). The council responded that it did not hold the requested information. The Commissioner’s decision is that, on the balance of probabilities, the council does not hold information falling within the scope of the request. The Commissioner therefore finds that the council was correct to apply Regulation 12(4)(a) of the EIR. However the Commissioner has decided that the council did not comply with Regulation 11(4) of the EIR in that it did not complete its review of its decision within 40 working days. The Commissioner does not require the council to take any steps.