PA 19/00466/B Ballaugh Planning Approval

Summary

The applicant requested all correspondence and paperwork regarding planning application PA 19/00466/B, including a specific drawing and enforcement details. The Department of Environment, Food and Agriculture withheld enforcement information under law enforcement exemptions and personal complaint data under absolute personal information exemptions, while directing the applicant to online resources for general planning details.

Key Facts

• The requested drawing SK/1 is not held by the Department.
• General planning application information is available online or at the Planning Office in Murray House.
• Enforcement file information was withheld because the investigation is still open and disclosure could prejudice regulatory action.
• Personal information regarding complaints made by the applicant was withheld as absolutely exempt personal data.
• The applicant was advised to make a Data Subject Access Request to obtain their own personal complaint data.

Data Disclosed

• PA 19/00466/B
• SK/1
• 1096961
• 2019-12-10
• 2020-01-08
• 01624 685854
• 01624 685851
• IM4 3AS
• Town & Country Planning Act 1999
• Data Protection Act 2018

Exemptions Cited

• Section 20: Information accessible to applicant by other means
• Section 32(3)(c): Law enforcement (prejudice to regulatory action)
• Section 25: Absolutely exempt personal information

Original Request

All correspondence, file notes, internal notes, emails and paperwork concerning PA 19/00466/B including the previously requested copy drawing SK/1 (made to Mr Butler) such copy paperwork to be comprehensive for the purposes of providing a complete package to the Tynwald Commissioner.

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

8th January 2020 Our ref: 1096961

Dear ###,

We write further to your request which was received on the 10th December 2019 and which states:

"All correspondence, file notes, internal notes, emails and paperwork concerning PA 19/00466/B including the previously requested copy drawing SK/1 (made to Mr Butler) such copy paperwork to be comprehensive for the purposes of providing a complete package to the Tynwald Commissioner."

Our response to your request is as follows.

Information available online While our aim is to provide information whenever possible, under section 20 of the Act (Information accessible to applicant by other means), we are not required to provide information in response to a request if that information is already reasonably accessible to you, whether free of charge or on payment of a fee. Information relating to the planning application is available online or to view (free of charge) at the Planning Office in Murray House, Douglas. It can be viewed here https://services.gov.im/planning-applications/ using the reference number you mention. Drawing SK1 As you specifically refer to this in your request we will likewise address this specifically in our answer. This document is not held by the Department. Enforcement File Although you didn’t specifically refer to this information in your request we have taken the view that in this case the timing of the enforcement investigation is so immediately after the approval of this application and commencement of the building, that the “man in the street” would reasonably think that asking for information “concerning” the application would also include the enforcement information. This is despite planning applications and enforcement investigations being managed very differently within the Department. For that reason information from the Enforcement File has also been considered for disclosure here. While our aim is to provide information whenever possible, in the case of the enforcement file relating to PA/1900466/B, the information is exempt from disclosure under section 32(3)(c): 32 Law enforcement (2) Information is qualified exempt information if its disclosure would, or would be likely to, prejudice the exercise by any public authority of its functions for any of the purposes mentioned in subsection (3) or any civil proceedings brought as a result of the exercise of such a function. (3) The purposes are —
(c) to ascertain whether regulatory action under any enactment is justified; Disclosure of the information would be likely to prejudice the Department of Environment, Food & Agriculture’s regulatory function under Part 4 (Enforcement of Control) of the Town & Country Planning Act 1999; specifically the investigation of a suspected breach of planning control (the carrying out of development without the grant of planning approval.) Prejudice Test Planning enforcement can be a lengthy and legally complex process; as this case is still open and no decision has yet been taken on formal action it would be likely to prejudice any possible action if the information was to be disclosed at this time. Public Interest Test Factors in favour of disclosing the information include: • Disclosure of the information may help public confidence in enforcement investigations conducted by the Department. • Disclosure of the information may help the relevant parties see that the case is being investigated thoroughly. Factors in favour of maintaining the exemption include: • Disclosure of the information at this time may harm any formal action if it is decided that it is necessary. • It cannot be fair to any party involved (including the complainant) in an investigation that may result in formal action to disclose information prior to the conclusion of that investigation. • Investigations should be allowed to proceed, to conclusion, in a manner that is robust and fair to all parties. In taking all of these factors into account the Department has determined that the factors in favour of maintaining the exemption outweigh the factors in favour of disclosing the information. Personal information relating to complaints from yourself The Department holds information concerning this application in the form of complaints and emails to the Director of Planning, the CEO and the Minister, responses to those complaints and associated correspondence. This is all your personal information and as such is being withheld from release here under section 25 (Absolutely exempt personal information). It is “personal data of which the applicant [you] are the data subject.” You may request this information by making a Data Subject Access Request under the Data Protection Act 2018. Please quote the reference number 1096961 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

FoI Co-ordinator