Amber Valley Borough Council

The complainant has requested information relating to two planning applications. Amber Valley Borough Council (“the council") disclosed some information, said that it did not hold some information, and applied Regulation 12(4)(b) to refuse to comply with one part of the complainant's request (manifestly unreasonable request). The Commissioner’s decision is that the council failed to comply with Regulation 5(2) by not making environmental information available within 20 working days. In addition, the council failed to comply with Regulation 11(4) in its handling of the complainant’s request for an internal review, and Regulation 14 in that its refusal notice did not meet the required standards. However, the Commissioner has decided that, on the balance of probabilities, the council was entitled to rely on Regulation 12(4)(a) (information not held) for some elements of the request, and on Regulation 12(4)(b) (manifestly unreasonable) for the remainder. The Commissioner does not require further steps.