Planning Application: 18/00811/C

Summary

A request was made for the Independent Planning Inspector's report regarding minibus parking at Kirk Michael School, but the information was withheld as it is exempt under Section 41 of the Freedom of Information Act 2015 because it is held for future publication.

Key Facts

• The request concerned planning application 18/00811/C regarding minibus parking at Kirk Michael School.
• The Department of Environment, Food and Agriculture responded that the information is exempt from release.
• The exemption is based on Section 41 of the Freedom of Information Act 2015 (Information for future publication).
• The report will become publicly available on the government services website once signed by the Minister.
• The request was received on 7 November 2019 and closed on 3 December 2019.

Data Disclosed

• 18/00811/C
• 1033361
• 2019-11-07
• 2019-12-03
• Section 41
• Freedom of Information Act 2015

Exemptions Cited

• Section 41 of the Freedom of Information Act 2015 (Information for future publication)

Original Request

Could I please have a copy of the Independent Planning Inspectors report and recommendations in relation to the planning application mentioned above. (PARKING OF MINIBUSES AT KIRK MICHAEL SCHOOL.

Data Tables (1)

Full Response Text

Freedom of Information Co-ordinator Corporate Services Directorate Thie Slieau Whallian, Foxdale Road, St John’s, Isle of Man, IM4 3AS Tel no (01624) 685854 Fax no (01624 685851 Email: defa@gov.im www.gov.im

Our ref: 1033361 3rd December 2019

Dear ###

We write further to your request which was received on 7th November 2019 and which states:

"Could I please have a copy of the Independent Planning Inspectors report and recommendations in relation to the planning application mentioned above. (PARKING OF MINIBUSES AT KIRK MICHAEL SCHOOL."

While our aim is to provide information whenever possible, in this instance the information is exempt from release at this time.

When the Inspectors report is signed by the Minister the information will be publicly available at https://services.gov.im/planningapplication/services/planning/search.iom Consequently we are not releasing here as it is exempt under Section 41 of the Freedom of Information Act 2015. 41. Information for future publication Information is qualified exempt information if — (a) it is held with a view to its being published, by a public authority or any other person, at some future date (whether determined or not); (b) when the request for information is made the information is already being held with that view; and (c) it is reasonable in all the circumstances that the information be withheld from disclosure until that future date.

Please quote the reference number 1033361 in any future communications.

Your right to request a review

If you are unhappy with this response to your freedom of information request, you may ask us to carry out an internal review of the response, by completing a complaint form and submitting it electronically or by delivery/post.

An electronic version of our complaint form can be found by going to our website at https://services.gov.im/freedom-of-information/Review . If you would like a paper version of our complaint form to be sent to you by post, please contact me and I will be happy to arrange for this. Your review request should explain why you are dissatisfied with this response, and should be made as soon as practicable. We will respond as soon as the review has been concluded.

If you are not satisfied with the result of the review, you then have the right to appeal to the Information Commissioner for a decision on; 1. Whether we have responded to your request for information in accordance with Part 2 of the Freedom of Information Act 2015; or 2. Whether we are justified in refusing to give you the information requested.
In response to an application for review, the Information Commissioner may, at any time, attempt to resolve a matter by negotiation, conciliation, mediation or another form of alternative dispute resolution and will have regard to any outcome of this in making any subsequent decision. More detailed information on your right to a review can be found on the Information Commissioner’s website at www.inforights.im. Should you have any queries concerning this letter, please do not hesitate to contact me. Further information about freedom of information requests can be found at www.gov.im/foi.

I will now close your request as of this date.

Yours sincerely