Alleged breach of planning control

Summary

The requester asked for the identity of the person who made a complaint regarding an alleged planning breach at their property. The Department of Environment, Food and Agriculture refused to disclose this information, citing it as absolutely exempt personal data.

Key Facts

• The request concerned an alleged breach of planning control at the requester's property.
• The planning enforcement reference number is 21/00037/DUD.
• The authority determined the information is absolutely exempt under section 25(2) of the Act.
• Releasing the complainant's identity would violate the second data protection principle.
• The request was formally closed on 13th July 2021.

Data Disclosed

• 1890077
• 21/00037/DUD
• 2021-07-08
• 2021-07-13
• section 25(2)
• IM4 3AS
• 01624 685854

Exemptions Cited

• Section 25(2) of the Act (Absolutely exempt personal information)
• Second data protection principle

Original Request

I have had a letter from the planning enforcement officer, in relation to an alleged breach of planning control at my property. I have since been in touch with the officer and this is being dealt with. I would like to know who made the original complaint. The reference on the letter is 21/00037/DUD

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

Our ref: 1890077 13th July 2021

Dear ###

We write further to your request which was received on 8th July 2021 and which states:

"I have had a letter from the planning enforcement officer, in relation to an alleged breach of planning control at my property. I have since been in touch with the officer and this is being dealt with. I would like to know who made the original complaint. The reference on the letter is 21/00037/DUD"

In relation to “… who made the original complaint” While our aim is to provide information whenever possible, in this instance we are unable to provide the information you have requested as it is absolutely exempt under section 25(2) of the Act (Absolutely exempt personal information). The information constitutes personal data of which you are not the data subject and the release of the information here would be incompatible with the second data protection principle; i.e. it shall not be further processed in a manner incompatible with the reason for which it was obtained.

Please quote the reference number 1890077 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.