The complainant requested information relating to the erection of a fence on the boundary between a holiday park and Ecclesbourne Glen. The council refused the request on the basis he had asked questions rather than made requests for recorded information. On review it directed the requestor to its planning portal, and responded directly to the questions asked, but it did not provide any further recorded information. The complainant considers that further information should have been provided to him. The complainant also complained about the time which the council took to respond to his request for review. The Commissioner’s decision is that on a balance of probabilities, the council does not hold any further information falling within the scope of the complainant’s request. She has, however, decided that the council did not comply with the requirements of Regulation 11(4) in that it did not provide a response to the complainant’s request for review within 40 working days. She has also decided that it did not comply with the requirements of Regulation 14(1) as it did not state that it was applying the exception in Regulation 12(4)(a) to the request in its response. The Commissioner does not require the council to take any steps.
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