Rushcliffe Borough Council EIR Planning Information Not Held

The ICO issued a Decision Notice concerning an Environmental Information Regulations request for planning application information. Rushcliffe Borough Council stated the information was not held and relied on the exception at regulation 12(4)(a) to refuse the request. The Commissioner found that on the balance of probabilities, the Council does not hold the requested information and correctly applied the exception. The Commissioner does not require further steps.

This decision confirms that public authorities may rely on regulation 12(4)(a) when they can demonstrate that requested information is genuinely not held. Other public authorities handling EIR requests should ensure they can evidence searches conducted and document when information is not held, as this decision reinforces the balance of probabilities standard for demonstrating information is not held.