Independent Inspectors - planning appeals

Summary

A request was made for details on Independent Inspectors for planning appeals, specifically focusing on the performance appraisals and complaints regarding Mr. Michael Hurley. The Cabinet Office disclosed the list of current inspectors and confirmed no complaints against Mr. Hurley, but stated they do not hold records of his performance appraisals.

Key Facts

• The current Independent Inspectors are Mr Anthony Wharton, Mr Michael Hurley, and Mr Brian Sims.
• The Cabinet Office does not hold information regarding the number or outcome of performance appraisals for Mr Michael Hurley.
• There have been no complaints received in respect of Mr Michael Hurley regarding IoM Planning Appeal Hearings.
• The response was issued on 11 March 2021 following a request received on 22 February 2021.

Data Disclosed

• 22 February 2021
• 11 March 2021
• 23 February 2021
• 15 years
• 0 complaints

Original Request

Original request: 1. A list of current Independent Inspectors used in the planning appeal process 2. How does the Cabinet Office assess the performance of such independent inspectors and upon what periodical basis is their performance assessed 3. How does the Cabinet Office ensure an independent inspector remains "fit and proper" for the purpose for which he/she was employed 4. How many instances have there been in the past fifteen years of an independent inspector having his/her engagement terminated After clarification: I therefore rephrase my request for information as follows:- The number of IoM performance appraisals that Mr Michael Hurley, Independent Inspector, has been subject to during the period he has been employed as an independent inspector by the IoM Government. The number of acceptable IoM performance appraisals that Mr Michael Hurley has been the subject of during the period he has been employed as an independent inspector by the IoM Government. The number of unacceptable IoM performance appraisals that Mr Michael Hurley has been the subject of during the period he has been employed as an independent inspector by the IoM Government. The number of complaints received in respect of Mr Michael Hurley with reference to IoM Planning Appeal Hearings during the period he has been employed as an independent inspector by the IoM Government. The criterion applied to the role of an independent inspector appointed by the IoM Government in relation to Planning Appeal Hearings in respect of being considered 'fit and proper' The number of planning appeals that Mr Michael Hurley, Independent Inspector, has recommend be allowed that has resulted in the planning consent originally granted by the Planning Committee being reversed and consequently the planning permission being refused, since his appointment as an independent inspector in respect of IoM Planning Appeal Hearings. Question 1 below remains as posed.

Data Tables (3)

Full Response Text

Government Office Douglas Isle of Man IM1 3PN Telephone: (+44) 01624 686244 Website: www.gov.im/co

Our ref: 1680789 11 March 2021

Dear ###

We write further to your request which was received on 22 February 2021 which states:

1. A list of current Independent Inspectors used in the planning appeal process
2. How does the Cabinet Office assess the performance of such independent inspectors and upon what periodical basis is their performance assessed
3. How does the Cabinet Office ensure an independent inspector remains "fit and proper" for the purpose for which he/she was employed
4. How many instances have there been in the past fifteen years of an independent inspector having his/her engagement terminated We contacted you on 23 February 2021 to ask if you could provide further clarification. You responded as follows: “I therefore rephrase my request for information as follows:- The number of IoM performance appraisals that Mr Michael Hurley, Independent Inspector, has been subject to during the period he has been employed as an independent inspector by the IoM Government. The number of acceptable IoM performance appraisals that Mr Michael Hurley has been the subject of during the period he has been employed as an independent inspector by the IoM Government. The number of unacceptable IoM performance appraisals that Mr Michael Hurley has been the subject of during the period he has been employed as an independent inspector by the IoM Government. The number of complaints received in respect of Mr Michael Hurley with reference to IoM Planning Appeal Hearings during the period he has been employed as an independent inspector by the IoM Government. The criterion applied to the role of an independent inspector appointed by the IoM Government in relation to Planning Appeal Hearings in respect of being considered 'fit and proper' The number of planning appeals that Mr Michael Hurley, Independent Inspector, has recommend be allowed that has resulted in the planning consent originally granted by the Planning Committee being reversed and consequently the planning permission being refused, since his appointment as an independent inspector in respect of IoM Planning Appeal Hearings.

Question 1 below remains as posed." Our response to your request is as follows: A list of current Independent Inspectors used in the planning appeal process Mr Anthony Wharton Mr Michael Hurley Mr Brian Sims The number of IoM performance appraisals that Mr Michael Hurley, Independent Inspector, has been subject to during the period he has been employed as an independent inspector by the IoM Government. The number of acceptable IoM performance appraisals that Mr Michael Hurley has been the subject of during the period he has been employed as an independent inspector by the IoM Government. The number of unacceptable IoM performance appraisals that Mr Michael Hurley has been the subject of during the period he has been employed as an independent inspector by the IoM Government. While our aim is to provide information whenever possible, in this instance the Cabinet Office does not hold the information that you have requested above. The number of complaints received in respect of Mr Michael Hurley with reference to IoM Planning Appeal Hearings during the period he has been employed as an independent inspector by the IoM Government. There have not been any complaints received. The criterion applied to the role of an independent inspector appointed by the IoM Government in relation to Planning Appeal Hearings in respect of being considered 'fit and proper' During the recruitment process applications are sought from persons who can meet the following criteria: ●Achieved a senior position as an Inspector in the Planning Inspectorate in the UK or other jurisdictions. ●Experience in holding many public Inquiries of significant scale and complexity. ●Drive and flexibility to carry out 15 or more site visits in a single day. ●Ability to produce high-quality reports and take the helm at diverse public inquiries, whilst adhering closely to the three fundamental principles of openness, fairness and impartiality. ●The highest standard of integrity and honesty.

The number of planning appeals that Mr Michael Hurley, Independent Inspector, has recommend be allowed that has resulted in the planning consent originally granted by the Planning Committee being reversed and consequently the planning permission being refused, since his appointment as an independent inspector in respect of IoM Planning Appeal Hearings. While our aim is to provide information whenever possible, in this instance a practical refusal reason applies under s11(3)(b) of the Freedom of Information Act 2015, as complying with the request for information would require the public authority to do one or more of the matters mentioned in section 8(3) (things a public authority is not required to do by the Act);and consequently under s8(3)(a) nothing in this Act requires a public authority to create or derive information from information that it holds. Please quote the reference number 1680789 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