planning application 18/00144/B- former Glenside Home

Summary

A request for correspondence regarding the selection of Inspector Mr Hurley and conflict of interest protocols for planning application 18/00144/B was partially fulfilled, with the Cabinet Office stating that most specific documents were not held as processes were verbal or standard.

Key Facts

• The Cabinet Office does not hold written correspondence regarding the selection of Mr Hurley as Inspector, as assignments are made verbally during allocated appeal weeks.
• No unpublished correspondence between the Cabinet Office and the Department of Infrastructure regarding highway matters was held, as all appeal documents are circulated to parties.
• Correspondence regarding planning policy sent to Mr Hurley was not held in written form, as inspectors are advised verbally and given access to the planning website.
• No written records of conflict of interest issues raised or concluded for this application were held.
• The Cabinet Office does not hold a specific written protocol for conflicts of interest, though parties can raise the matter if they believe one exists.

Data Disclosed

• 1727959
• 18/00144/B
• 2021-03-29
• 2021-04-22
• 19 April 2021
• 1 April 2021
• 2018
• IM1 3PN
• 01624 686244
• 4 pages
• 1 document

Original Request

This planning Application attracted 2 Planning Appeals, please provide the following information:- a) correspondence in selecting and or engaging Mr Hurley as the Appeals Inspector to the First Appeal. b) correspondence in selecting and or engaging Mr Hurley as the Inspector for the Second Appeal. c) correspondence [not published] from the CO to the DOI in respect of Highway matters to the Application or Appeal. d) correspondence from the CO to Mr Hurley in respect of planning/CO policy from 2018 to date. e) correspondence where issues of conflicts of interest were raised or concluded surrounding this Application. f) a copy of the written protocol the CO rely on where conflicts of interests may come into question. g) a copy of the recognized code of conduct which the CO requires Inspectors to abide by. In order to identify and locate the information that you have asked for we need some further information from you. In particular, it would be helpful to know some further clarification. In respect of point (d), as worded this is too vague; it is unclear whether you are asking whether the Cabinet Office informed Mr Hurley solely in relation to changes to Isle of Man Planning legislation or policy documents, therefore it would be helpful if you could please clarify this in order to progress this aspect of the request. Please can you let us know the specific information that you require? Clarification received: Thank you for your email. I am requesting all correspondence from the CO to Mr Hurley in respect of point d), whether or not it was solely to him.

Data Tables (1)

Full Response Text

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

Our ref: 1727959 19 April 2021

Dear ###

We write further to your request which was received on 29 March 2021 and which states:

"This planning Application attracted 2 Planning Appeals, please provide the following information:- a) correspondence in selecting and or engaging Mr Hurley as the Appeals Inspector to the First Appeal. b) correspondence in selecting and or engaging Mr Hurley as the Inspector for the Second Appeal. c) correspondence [not published] from the CO to the DOI in respect of Highway matters to the Application or Appeal. d) correspondence from the CO to Mr Hurley in respect of planning/CO policy from 2018 to date. e) correspondence where issues of conflicts of interest were raised or concluded surrounding this Application. f) a copy of the written protocol the CO rely on where conflicts of interests may come into question. g) a copy of the recognized code of conduct which the CO requires Inspectors to abide by.” On xx April 2021 we asked if you could provide some further clarification regarding point (d) of your request. We asked if you were requesting information In respect of point (d), as worded this is too vague; it is unclear whether you are asking whether the Cabinet Office informed Mr Hurley solely in relation to changes to Isle of Man Planning legislation or policy documents, therefore it would be helpful if you could please clarify this in order to progress this aspect of the request. Please can you let us know the specific information that you require? Clarification received: Thank you for your email.

I am requesting all correspondence from the CO to Mr Hurley in respect of point d), whether or not it was solely to him." Our response to your request is as follows: While our aim is to provide information whenever possible, in this instance the public authority does not hold some of the information that you have requested.
I have provided the information that is held below. a) correspondence in selecting and or engaging Mr Hurley as the Appeals Inspector to the First Appeal. Not held - Inspectors appeal weeks are allocated at the start of the year and Inspectors are assigned appeals that are ready to proceed at the time of their visit. b) correspondence in selecting and or engaging Mr Hurley as the Inspector for the Second Appeal. Please see above. c) correspondence [not published] from the CO to the DOI in respect of Highway matters to the Application or Appeal. Not held - all documents forming part of the appeal submissions are circulated to the parties to the appeal. d) correspondence from the CO to Mr Hurley in respect of planning/CO policy from 2018 to date. We wrote to you to seek clarification on 1 April 2021, “In respect of point (d), as worded this is too vague; it is unclear whether you are asking whether the Cabinet Office informed Mr Hurley solely in relation to changes to Isle of Man Planning legislation or policy documents, therefore it would be helpful if you could please clarify this in order to progress this aspect of the request.” Please can you let us know the specific information that you require?.” You responded on 1 April 2021: “Thank you for your email. I am requesting all correspondence from the CO to Mr Hurley in respect of point d), whether or not it was solely to him." Not held. Inspectors are advised verbally and provided with documents. Inspectors also have access to the planning website. e) correspondence where issues of conflicts of interest were raised or concluded surrounding this Application. Not held. f) a copy of the written protocol the CO rely on where conflicts of interests may come into question.

This is not held – but any party to an appeal can raise the matter of conflict of interest if they believe there is one and the Inspector would address this. g) a copy of the recognized code of conduct which the CO requires Inspectors to abide by. Inspectors are required to comply with the highest standard of integrity and honesty in compliance with the seven principles of public life. Selflessness, integrity, objectivity, accountability, openness, honesty & Leadership. The role of the Inspector is prescribed in article 12 of the Town & Country Planning (Development Procedure) Order 2019. For assistance the link is as follows: https://www.gov.im/media/1367994/document-1-townandcountryplanning- developmentprocedure-order2019.pdf Please quote the reference number 1727959 in any future communications.

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Yours sincerely