Claimed Planning Breach.

Summary

A request was made for details regarding a planning breach complaint, including the complainant's identity, the extent of the issue, and the date. The authority disclosed the nature of the complaint and the date but withheld the complainant's name citing data protection exemptions.

Key Facts

• The complaint concerned the siting of a storage container, creation of a bank, and clearing of ditches, gorse, and heather.
• Initial site visits identified possible unauthorized works including the creation of a track and alterations to site access.
• The complaint was lodged on 7th May 2020.
• The name of the person making the complaint was withheld as absolutely exempt personal information.
• The response was issued by the Department of Environment, Food and Agriculture on 29th May 2020.

Data Disclosed

• 19/00106/AUD
• 1294277
• 2020-05-18
• 2020-05-29
• 7th of May 2020
• section 25(2)
• 2015

Exemptions Cited

• Section 25(2) of the Act (Absolutely exempt personal information)
• Incompatibility with the second data protection principle

Original Request

Your ref:19/00106/AUD The name of the person/s making the complaint. The extent of the complaint. The date of the complaint.

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: 1294277 29th May 2020

Dear ###,

We write further to your request which was received on 18th May 2020 and which states:

"Your ref:19/00106/AUD The name of the person/s making the complaint. The extent of the complaint. The date of the complaint."

In relation to “The name of the person/s making the complaint” 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 “The extent of the complaint” The details of the complaint are that it is in regards to the siting of a storage container, the creation of a bank, the clearing of ditches and clearing of gorse and heather from the site. After an initial site visit the following was identified as possible works requiring planning approval; • The creation of a track. • Alterations to the access onto the site. In relation to “The date of the complaint” The complaint was made on the 7th of May 2020.

Please quote the reference number 1294277 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