Information Commissioner's Office

Department for Transport

27 May 2008, Central government

The complainant requested information relating to Luton Airport and the South East and East of England Regional Air Services Study (“SERAS”). Specifically he requested any information provided to Ministers as a basis for decisions on which options to take forward for Luton Airport for appraisal in stage two of the SERAS study, together with any records of the Ministers’ decisions and the reasons for them. The Department for Transport (the “DfT”) refused to disclose the information and cited section 35 of the Freedom of Information Act 2000 (the “Act”). During the investigation of the case the Commissioner informed the DfT that the withheld information was environmental information, and should have been dealt with under the Environmental Information Regulations 2004 (the “EIR”). Subsequently the DfT informed the Commissioner that it was relying upon regulation 12(4)(e) of the EIR to withhold the information in question. After investigating the case the Commissioner decided that the exception was engaged, but that the public interest in maintaining the exception did not outweigh the public interest in disclosure, and therefore the withheld information should be disclosed. The Commissioner also decided that the DfT had not met the requirements of regulation 14(3)(a) and (b).

EIR 12: Upheld