Amber Valley Borough Council
- Date 26 May 2026
- Sector Local government
- Decision(s) EIR 11(4): Upheld, EIR 12(4)(b): Not upheld, EIR 12(5)(b): Not upheld, EIR 5(2): Upheld
The complainant has requested information from Amber Valley Borough Council (“the council”) relating to planning enforcement, internal guidance, highways consultation, complaints handling and legal risk associated with planning decisions. The council refused the request on the basis that Regulations 12(4)(a) (information not held), 12(4)(b) (manifestly unreasonable request) and 12(5)(b) (course of justice and legal professional privilege) of the EIR applied. The Commissioner’s decision is that the council was entitled to rely on Regulations 12(4)(b) and 12(5)(b) of the EIR to refuse to respond to the request further. He has, however, decided that the council failed to comply with Regulation 5(2) of the EIR and Regulation 11(4) of the EIR. The Commissioner does not require the council to take any steps.