Peter Greenhill- submission Eastern Area Plan
| Authority | Cabinet Office |
|---|---|
| Date received | 2021-04-27 |
| Outcome | Upheld - partial |
| Outcome date | 2021-08-17 |
| Case ID | 1766325 |
Summary
The request sought copies of receipts, forwarding emails, and online entry timestamps for a 2019 submission by Peter Greenhill regarding the Eastern Area Plan. The Cabinet Office partially upheld the request, releasing the receipt but withholding email copies due to personal data exemptions and stating that online entry timestamps could not be located.
Key Facts
- The submission from Peter Greenhill was received by the Cabinet Office on 22 September 2019.
- The submission was forwarded to the Planning Policy Team and the Appointed Inspector.
- Peter Greenhill requested to be heard at the Inquiry to give oral evidence.
- Copies of forwarding emails were withheld as they contain personal data exempt under Section 25 of the Act.
- The exact date and time the submission was put online could not be confirmed, though the standard process is 3 to 5 days after receipt.
Data Disclosed
- 22 September 2019
- 7 April 2021
- 23 April 2021
- 1740245
- 1766325
- 2021-08-17
- 2021-04-27
- 3 to 5 days
- Site DH009
- Section 25
- Article 5
- Article 6
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
Re previous request 1740245. Previous -Item a) What date did the CO receive the submission? was answered -22 September 2019. - Please now provide 1) a copy of the receipt of the submission. 2) a copy of the entry date and time where the submission was put online. Previous -item b) who was the submission forwarded to? was answered- The Planning Policy Team & the Inspector. - please now provide 1) a copy of the email forwarding the submission to the Forward Planning Team. 2) a copy of the email forwarding the submission to the Inspector. 3) Any copies of emails forwarding the submission to any other recipients. Previous item c) Did Peter Greenhill make a request to the CO to be heard at the Inquiry to give oral evidence? was answered -Yes. - Please now provide 1) a copy of the request of Mr Greenhill to be entered onto the Inquiry Agenda. 2) any emails/ correspondence that Mr Greenhill was not complying with Inquiry protocol in giving 14 days notice to appear in person.
Data Tables (1)
Data Tables (reformatted)
| Question | Answer |
|---|---|
| a) What date did the CO receive the submission? | 22 September 2019. |
| b) Who was the submission forwarded to? | The Planning Policy Team & the Appointed Inspector. |
| c) Did Peter Greenhill make a request to the CO to be heard at the Inquiry to give oral evidence? | Yes. |
| e) Was the submission forwarded to the CO from a gov.im host? | No. |
| Request | Response |
|---|---|
| 2) a copy of the entry date and time where the submission was put online. | While our aim is to provide information whenever possible, in this instance the Cabinet Office, after taking reasonable steps to do so, cannot find the information that you have requested. We cannot confirm the exact date and time where the submission was put online, however, we can advise that the normal process is to upload the information online within 3 to 5 days of it's receipt. |
| 1) a copy of the email forwarding the submission to the Forward Planning Team. | While our aim is to provide information whenever possible, in this instance the Cabinet Office, after taking reasonable steps to do so, does not hold, the information that you have requested. We do not hold an e-mail copy forwarding the submissions as the Planning Policy Team and the Inspector were provided with hard copies delivered to them by hand. |
| 2) a copy of the email forwarding the submission to the Inspector. | This is not held by the Cabinet Office – please see answer above. |
| 3) Any copies of emails forwarding the submission to any other recipients. | The Cabinet Office does not hold the information that you have requested because there were no e-mails. |
| 1) a copy of the request of Mr Greenhill to be entered onto the Inquiry Agenda. | While our aim is to provide information whenever possible, under section 20 of the Act, we are not required to provide information in response to a request if it is already reasonably accessible to you, whether free of charge or on payment of a fee. The information that you have requested is available from: https://www.gov. |
Full Response Text
Government Office Douglas Isle of Man IM1 3PN Telephone: (+44) 01624 686244 Website: www.gov.im/co
Our ref: 1740245 23 April 2021
Dear ###
We write further to your request which was received on 7 April 2021 and which states:
"In the list of Inquiry Evidence Documents there is titled a submission being identified from Peter Greenhill in respect of Site DH009, and dated September 2019; a) What date did the CO receive the submission; b) Who was the submission forwarded to; c) Did Peter Greenhill make a request to the CO to be heard at the Inquiry to give oral evidence; e) Was the submission forwarded to the CO from a gov.im host."
Our response to your request is as follows: a) What date did the CO receive the submission? 22 September 2019. b) Who was the submission forwarded to The Planning Policy Team & the Appointed Inspector. c) Did Peter Greenhill make a request to the CO to be heard at the Inquiry to give oral evidence? Yes. e) Was the submission forwarded to the CO from a gov.im host No.
Please quote the reference number 1740245 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
I have attached the information that is being released to you, a copy of the receipt of
submission. Some information has been redacted as it is personal or it is outwith the
scope of the request.
While our aim is to provide information whenever possible, in this instance we are
unable to provide some of the information you have requested because it is absolutely
exempt under section 25 of the Act (absolutely exempt personal information). The
reasons why that exemption applies are that:
• The Cabinet Office is satisfied that the information amounts to personal data of
which you are not the data subject; and
• The Cabinet Office 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 Cabinet
Office 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.
2) a copy of the entry date and time where the submission was put online.
While our aim is to provide information whenever possible, in this instance the Cabinet
Office, after taking reasonable steps to do so, cannot find the information that you
have requested.
We cannot confirm the exact date and time where the submission was put online, however, we can advise that the normal process is to upload the information online within 3 to 5 days of it’s receipt.
Previous -item b) who was the submission forwarded to? was answered- The Planning Policy Team & the Inspector.
- please now provide
1) a copy of the email forwarding the submission to the Forward Planning Team. While our aim is to provide information whenever possible, in this instance the Cabinet Office, after taking reasonable steps to do so, does not hold, the information that you have requested.
We do not hold an e-mail copy forwarding the submissions as the Planning Policy Team and the Inspector were provided with hard copies delivered to them by hand.
2) a copy of the email forwarding the submission to the Inspector. This is not held by the Cabinet Office – please see answer above.
3) Any copies of emails forwarding the submission to any other recipients.
The Cabinet Office does not hold the information that you have requested because
there were no e-mails.
Previous item c) Did Peter Greenhill make a request to the CO to be heard at the Inquiry to give oral evidence? was answered -Yes.
- Please now provide 1) a copy of the request of Mr Greenhill to be entered
onto the Inquiry Agenda.
While our aim is to provide information whenever possible, under section 20 of the Act, we are not required to provide information in response to a request if it is already reasonably accessible to you, whether free of charge or on payment of a fee. The information that you have requested is available from: https://www.gov.im/about-the-government/departments/cabinet-office/area-plan-for- the-east-inquiry/ - Registration form - , Downloadable documents. Please see here:
https://www.gov.im/media/1367608/mr-peter-greenhill-eap-registration-form-site- dh009.pdf
2) any emails/ correspondence that Mr Greenhill was not complying with Inquiry protocol in giving 14 days notice to appear in person."
The Cabinet Office does not hold the information that you have requested. The request to appear in person was received in the required time so there were no e-mails or correspondence necessary regarding non compliance.
Please quote the reference number 1766325 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.