Department for Environment Food and Rural Affairs

The complainant has requested Defra to disclose information relating to the levels of noise that come from the euro-fighter at the BAE Warton site. Defra confirmed that it does not hold the requested information and therefore regulation 12(4)(a) of the EIR applies. The Commissioner’s decision is that on the balance of probabilities Defra does not hold the requested information. It is therefore entitled to rely on regulation 12(4)(a) of the EIR. The Commissioner does not require any further action to be taken.