Conflict of Interest for Planning Appeal related to PA 19/01441/B

Summary

The appellant requested all correspondence demonstrating the absence of a conflict of interest regarding planning appeal PA 19/01441/B. The Department of Environment, Food and Agriculture responded that no such information is held because there is no requirement to demonstrate an absence of conflict, though they confirmed no staff or committee members declared an interest.

Key Facts

• The authority stated there is no requirement to declare or demonstrate an 'absence of conflict of interest'.
• No staff member in the Planning & Building Control Directorate recorded an interest in the application.
• The application was determined at a public Planning Committee meeting on 2nd March 2020.
• No Planning Committee member declared an interest or perceived interest at the meeting.
• The Minister declared a conflict of interest, delegating the appeal decision to Mr R Callister, MHK.

Data Disclosed

• 1634621
• 1634921
• PA 19/01441/B
• PA/01441/B
• 2021-01-18
• 2021-02-04
• 5 Feb 2021
• 12 Nov 2020
• 2nd March 2020
• 3-month period
• Freedom of Information Act 2015

Original Request

As the appellant for this appeal, I require all correspondence concerning the demonstration of absence of a conflict of interest concerning the appeal decision for PA 19/01441/B. I would be grateful if this information is provided by 5 Feb 2021 at the latest, so that it can be taken into account before the elapse of the 3- month period since the appeal decision was made (12 Nov 2020)

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

3rd February 2021 Our ref: 1634621

Dear ###,

We write further to your request which was received on 18 January 2021 and which states:

"As the appellant for this appeal, I require all correspondence concerning the demonstration of absence of a conflict of interest concerning the appeal decision for PA 19/01441/B. I would be grateful if this information is provided by 5 Feb 2021 at the latest, so that it can be taken into account before the elapse of the 3- month period since the appeal decision was made (12 Nov 2020)" You then clarified this request as below: “Concerning my previous information request 1634621, I clarify that the scope of this request covers all documentation (including correspondence) relating to conflict of interest for the appeal decision PA/01441/B” (Note - this clarification was logged with the reference 1634921.) Response There is no requirement to declare or demonstrate an “absence of conflict of interest”. Consequently this information is not held. Further information Officers of the Planning & Building Control Directorate are required to declare an interest, or where one may be perceived, in any planning application, and are required to record that interest. The Department retains a file of the memorandum where such interest is declared. No staff member has recorded an interest in this application. This application was determined at a public meeting of the Planning Committee 2nd March 2020. The criteria for declaring an interest for members of the Planning Committee is set down in their Standing Orders. The Department retains a recorded register for each Member as to their beneficial interests. https://www.gov.im/media/245630/planning-committee-code-of-conduct-for-members-sept- 18.pdf No member declared an interest or a perceived interest at that sitting. The Department’s decision in the matter was challenged at appeal. The Minister declared a ‘conflict of interest’ in the application and the appeal decision was delegated for determination for the Department by Mr R Callister, MHK.

Please quote the reference number 1634621 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