Communications relating to Planning Applications

Summary

The requester sought all communications regarding three specific planning applications between department officers and applicants. The Department of Environment, Food and Agriculture partially upheld the request, releasing some documents while redacting personal data under absolute exemptions.

Key Facts

• The request covered Planning Applications 17/01312/B, 19/01024/B, and 20/00514/B.
• The response was issued on 2nd October 2020.
• Some information was withheld because it constituted personal data of individuals other than the requester.
• The exemption applied under section 25 of the Freedom of Information Act 2015.
• The final outcome of the case was recorded as 'Upheld - partial' on 2020-12-18.

Data Disclosed

• 1446385
• 2020-08-25
• 2020-12-18
• 2nd October 2020
• 17/01312/B
• 19/01024/B
• 20/00514/B
• section 25
• Article 5
• Article 6
• 2018
• 2015
• 2
• 1

Exemptions Cited

• Section 25 of the Freedom of Information Act 2015 (Absolutely exempt personal information)
• Article 5 of the General Data Protection Regulation (Data protection principles)
• Article 6 of the General Data Protection Regulation (Conditions for lawful processing)

Original Request

Please provide copies of all communications, including verbal, electronic or written, in relation to Planning Applications 17/01312/B, 19/01024/B and 20/00514/B between Officers of the Department and the Applicants and/or their Agents/Architects (other than those available to the public to view online), including dates of meetings, details of discussions, details of any advice or information exchanged, and copies of all notes relating to those discussions.

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: 1446385 2nd October 2020

Dear ###,

We write further to your request which was received on the 25th August 2020 and which states:

"Please provide copies of all communications, including verbal, electronic or written, in relation to Planning Applications 17/01312/B, 19/01024/B and 20/00514/B between Officers of the Department and the Applicants and/or their Agents/Architects (other than those available to the public to view online), including dates of meetings, details of discussions, details of any advice or information exchanged, and copies of all notes relating to those discussions."

Our response to your request is as follows. A copy of the information that can be released is attached. While our aim is to provide information whenever possible, in this instance some of the information has been withheld and redacted because it is absolutely exempt under section 25 of the Act (Absolutely exempt personal information). The reasons why that exemption applies are that: • The Department is satisfied that the information amounts to personal data of which you are not the data subject; and • The Department is satisfied that disclosure of the information would contravene one of the data protection principles as set out at Article 5 of the General Data Protection Regulation as it applies in the Isle of Man pursuant to the Data Protection (Application of GDPR) Order 2018, namely that the Department can only disclose the information where it would be fair, lawful and meet one of the conditions for lawful processing in Article 6 and in this case, none of those conditions have been met. It is personal information of which you are not the data subject

Please quote the reference number 1446385 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 faithfully

Freedom of Information Co-ordinator