Alleged Breach of Planning - Unit 269A Jurby Industrial Estate, Jurby

Summary

The requester sought information regarding an alleged planning breach involving workers living in a mobile home at Unit 269A Jurby Industrial Estate, specifically asking for the identity of the accuser and investigation details. The Department of Environment, Food and Agriculture refused to disclose any information, citing exemptions for personal data and ongoing investigations.

Key Facts

• The request was received on 2020-03-04 and responded to on 2020-03-18.
• The authority stated the identity of the accuser is absolutely exempt personal information under section 25(2) of the Act.
• Information regarding the alleged planning breach is exempt under section 31(1)(a) due to ongoing investigations under the Town & Country Planning Act 1999.
• The Department determined that the public interest in maintaining the exemption outweighs the interest in disclosure to avoid prejudicing the investigation.
• The requester was informed of their right to an internal review or to appeal to the Information Commissioner.

Data Disclosed

• 1212149
• 2020-03-04
• 2020-03-18
• Unit 269A
• section 25(2)
• section 31(1)(a)
• Town & Country Planning Act 1999
• Freedom of Information Act 2015

Exemptions Cited

• Section 25(2) - Absolutely exempt personal information
• Section 31(1)(a) - Investigations and legal proceedings

Original Request

Can you please provide further information on the alleged breach of planning at the above? We were accused of having workers living in a mobile home inside the hanger, as this is an untrue statement we require information on who has accused us of same. We would therefore appreciate any information you have in relation to this accusation on file.

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: 1212149 18th March 2020

Dear ###,

We write further to your request which was received on 4th March 2020 and which states:

"Can you please provide further information on the alleged breach of planning at the above? We were accused of having workers living in a mobile home inside the hanger, as this is an untrue statement we require information on who has accused us of same. We would therefore appreciate any information you have in relation to this accusation on file." In relation to “… information on who has accused us …” While our aim is to provide information whenever possible, in this instance we are unable to provide the information you have requested as it is absolutely exempt under section 25(2) of the Act (Absolutely exempt personal information). The information constitutes personal data of which you are not the data subject and the release of the information here would be incompatible with the second data protection principle; i.e. it shall not be further processed in a manner incompatible with the reason for which it was obtained. In relation to “… further information on the alleged breach of planning …” and “… any information you have in relation to this accusation …” While our aim is to provide information whenever possible, in this instance we are unable to provide the information you have requested as it is exempt from release under section 31(1)(a) of the Act (Investigations and legal proceedings). The Department has a duty under the Town & Country Planning Act 1999 to conduct an investigation to ascertain whether a person should be charged with an offence. As section 31 is a qualified exemption, it is subject to a public interest test. The public interest must be something that is of serious concern and benefit to the public at large.

Factors in favour of disclosure • To help increase public confidence and understanding in the enforcement of planning legislation by aiding its transparency.

Factors in favour of withholding • The release of the information at this time, or at any time but particularly when the investigation remains ongoing, may prejudice that investigation or any subsequent investigation. In taking 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. Please quote the reference number 1212149 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