Planning - Designated Voluntary Organisations s40 TCPA 1999

Summary

The requester asked for the names of voluntary organisations designated under section 40 of the Town & Country Planning Act 1999 that submitted rules and accounts around 2005/2006. The Department of Environment, Food and Agriculture responded that the information is not held, noting that the request predates the current FOI Act and that the relevant policy function has since moved to other departments.

Key Facts

• The requested information relates to voluntary organisations designated under s40(3)(a) of the Town & Country Planning Act 1999.
• The Department of Environment, Food and Agriculture does not hold the requested records.
• The Freedom of Information Act 2015 does not apply to information prior to October 2011.
• The Planning and Building Control policy function was transferred to the Department of Infrastructure in 2010 and later to the Cabinet Office.
• Responsibility for designating voluntary organisations under section 40 lies with the Cabinet Office.

Data Disclosed

• 1042961
• 2019-11-12
• 2019-11-13
• 2005/2006
• October 2011
• 2010
• s40(3)(a)
• Town & Country Planning Act 1999
• 2005 Regulations
• Freedom of Information Act 2015
• s.4(1)

Exemptions Cited

• Information requested is prior to October 2011 and the FoI Act (s.4(1)) does not apply
• Information not held after reasonable search

Original Request

Please supply the names of the organisations which, similarly to the Isle of Man Natural History & Antiquarian Society (IOMNHAS), supplied copies of their rules and accounts as required in order to be designated Voluntary Organisations under s 40(3)(a) of the Town & Country Planning Act 1999 & the associated 2005 Regulations. In order to help with your searches I understand this information would, like that from IOMNHAS, have been supplied to you around 2005/2006.

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: 1042961 13th November 2019

Dear ###

We write further to your request which was received on 12th November 2019 and which states:

"Please supply the names of the organisations which, similarly to the Isle of Man Natural History & Antiquarian Society (IOMNHAS), supplied copies of their rules and accounts as required in order to be designated Voluntary Organisations under s 40(3)(a) of the Town & Country Planning Act 1999 & the associated 2005 Regulations. In order to help with your searches I understand this information would, like that from IOMNHAS, have been supplied to you around 2005/2006."

While our aim is to provide information whenever possible the information requested is prior to October 2011 and the FoI Act (s.4(1)) does not apply. We are consequently unable to provide the information requested under the Freedom of Information Act . Further Information

Although we can’t supply the information under the Freedom of Information Act we are still obliged to search and, if possible, supply information under the Code of Practice on Access to Government Information. After carrying out a reasonable search we do not hold, or cannot find, the information you request. As further context we would like to point out that the Planning and Building Control policy function was moved to the Department of Infrastructure in 2010 and later to the Cabinet Office. Under section 40 of the Town & Country Planning Act 1999 the responsibility for the establishment of a “consultative body” lies with the Council of Ministers and the responsibility to designate voluntary organisations is that of the Cabinet Office. Please quote the reference number 1042961 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