Property considered suitable for registration

Summary

The request sought the number of properties with potential for protected building registration by parish and specific dates for Ramsey entries. The Department of Environment, Food and Agriculture provided counts for most areas but withheld data for sparsely populated parishes to prevent identification of specific buildings, citing prejudice to cultural heritage.

Key Facts

• The Department holds a working list of properties proposed for the Register of Protected Buildings.
• Data was withheld for parishes with fewer than five proposed buildings to prevent identification.
• Ramsey has 47 properties identified as having potential for inclusion on the register.
• The exemption is based on the risk that disclosure could lead to demolition or damage before protection is implemented.
• The list is a living document where buildings can be added or removed during the assessment process.

Data Disclosed

• Andreas: 9
• Arbory: 22
• Braddan: 21
• Bride: 9
• Castletown: 29
• Douglas: 32
• Laxey: 33
• Lezayre: 11
• Lonan: 10
• Malew: 37
• Marown: 6
• Maughold: 8
• Onchan: 8
• Peel: 19
• Port Erin: 10
• Port St Mary: 20
• Ramsey: 47
• Rushen: 16
• fewer than five buildings
• 2020-09-02
• 2020-10-01

Exemptions Cited

• Section 37 of the Act (Research and Natural Resources)

Original Request

The Department holds a list of properties identified as having potential for inclusion on the list of protected buildings. For each Town, Village and Parish could you provide:- 1. the total number of properties identified as having potential for inclusion on the register of protected buildings, but not presently included in this register. 2. in respect of the town of Ramsey the date upon which each building or group of buildings (without to need to identify the individual building or group) was entered onto the list of property having potential for inclusion on the list of protected buildings, and the date of any consultant or officer reports prepared in respect of each building or group of buildings.

Data Tables (4)

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: 1455946 7th October 2020

Dear ###

We write further to your request which was received on 2nd September 2020 and which states:

"The Department holds a list of properties identified as having potential for inclusion on the list of protected buildings. For each Town, Village and Parish could you provide:- 1. the total number of properties identified as having potential for inclusion on the register of protected buildings, but not presently included in this register. 2. in respect of the town of Ramsey the date upon which each building or group of buildings (without to need to identify the individual building or group) was entered onto the list of property having potential for inclusion on the list of protected buildings, and the date of any consultant or officer reports prepared in respect of each building or group of buildings."

Our response to your request is as follows. Question 1 “the total number of properties identified as having potential for inclusion on the register of protected buildings, but not presently included in this register.” Response The information is not recorded by “Town, Village and Parish” but it is recorded by local authority area and that is supplied below. Local Authority area Number of buildings on the proposed list for the Register of Protected Buildings Andreas 9 Arbory 22 Ballaugh withheld Braddan 21 Bride 9 Castletown 29

Douglas 32 German withheld Jurby withheld Laxey 33 Lezayre 11 Lonan 10 Malew 37 Marown 6 Maughold 8 Michael withheld Onchan 8 Patrick withheld Peel 19 Port Erin 10 Port St Mary 20 Ramsey 47 Rushen 16 Santon withheld While our aim is to provide information whenever possible, in this instance some of the information is exempt under section 37 of the Act (Research and Natural Resources), as disclosure would be likely to prejudice the cultural heritage of the Island and the historic and/or structural integrity of the buildings on the list. The information relates to research being done, or to be carried out, by a the Department and disclosure before the completion of the research would be likely to prejudice the subject matter of the research on the basis the buildings could be demolished, damaged or elements of them could be removed. Such acts would undermine the Department’s ability to protect the cultural heritage of the Island. For sparsely populated areas where there are low numbers of potentially included buildings, it may be possible for these buildings to be identified. The total for these areas has been withheld. Please note that the ‘proposed list’ of buildings for consideration for registration is a working document for officer purposes and is a living document such that buildings can be removed from it and buildings added to it. A process is in place for the correct consideration of buildings to be registered. Once a building is proposed to be registered, the Department gives public notice of this, posts a site notice, informs the local authority and invites representations to be made. As section 37 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 in the transparency of the building registration process. • To enable the public to examine the list and contribute to its compilation and content, i.e. to aid the consultation process. Factors in favour of withholding • The release of the number of buildings in areas where those numbers are low may lead to those properties being identified and consequently being the

subject of work which may undermine the condition, architectural merit/value or even the demolition of an unregistered building; before initial protection can be implemented while a thorough and complete assessment of the building may be made.

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 some of the information. Consequently, the numbers in parishes that are sparsely populated and which have fewer than five buildings on the proposed list, have been removed to reduce the opportunity for these buildings to be identified. Question 2 “2. in respect of the town of Ramsey the date upon which each building or group of buildings (without to need to identify the individual building or group) was entered onto the list of property having potential for inclusion on the list of protected buildings, and the date of any consultant or officer reports prepared in respect of each building or group of buildings." Response There is no recorded date for entry onto the list. The presence of a building or group of buildings on the list is usually the result of information having been gathered from various sources at various times. With apologies for missing this part of your question originally, the table below contains the information requested that is held. While there are seven officer reports, it should be noted that these are incomplete, with no decisions having been made. Property Consultant Research Date Officer report Date 1 NO - NO - 2 YES 2004 NO - 3 NO - NO - 4 YES 2000 NO - 5 YES 20000 YES 2009 6 YES 1999 NO - 7 YES No Date NO - 8 NO - NO - 9 YES 1999 NO - 10 YES No Date NO - 11 YES No Date NO - 12 YES 1999 NO - 13 YES No Date NO - 14 YES No Date NO - 15 NO - NO - 16 YES No Date NO - 17 YES No Date NO - 18 YES No Date NO - 19 YES No Date YES 2006 20 YES No Date NO - 21 YES No Date NO -

22 YES 2014 YES 2015 23 YES No Date NO - 24 NO - NO - 25 NO - NO - 26 NO - NO - 27 YES No Date NO - 28 YES No Date NO - 29 NO - NO - 30 NO - NO - 31 NO - NO - 32 YES No Date NO - 33 YES 2002 YES 2009 34 YES No Date NO - 35 NO - NO - 36 NO - NO - 37 NO - NO - 38 YES No Date NO - 39 NO - NO - 40 NO - NO - 41 YES No Date NO - 42 YES 2013 YES 2013 43 NO - NO - 45 YES 1999 YES 2009 46 YES No Date NO - 47 YES 1999 YES 2009 Further information As part of the Programme for Government, an appraisal of the Island’s historic building stock is currently being undertaken. This includes buildings currently on the Protected Buildings Register and buildings proposed for inclusion on the Protected Building Register.

Please quote the reference number 1455946 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