Scaffolding in stream

Summary

The requester sought information regarding an alleged enquiry by the Department of Fisheries to Manx Utilities about scaffolding in a stream near their home. The Department confirmed no such enquiry occurred, clarifying that communications were actually regarding drainage pipe discharges and flood risk management works on the opposite bank.

Key Facts

• The Department of Environment, Food and Agriculture confirmed there was no enquiry from Fisheries to Manx Utilities regarding scaffolding in the stream.
• Fisheries officers queried pipes leading to the stream to confirm they were surface water discharges.
• The email exchange concerned flood risk management works affecting the same stretch of stream on the opposite bank.
• Manx Utilities approved the installation of drainage gullies from a front garden to the stream with non-return valves.
• The stream is unlikely to contain salmonid fish at the specific location, though brown trout are present further downstream.

Data Disclosed

• 2017-10-31
• 2017-11-07
• 2017-11-08
• 2017-10-04
• 2017-10-03
• 2017-09-29
• IM108812I
• 1&2 Fairy Hill Close
• Ballafesson
• Port Erin
• 6 pages
• 1 document
• 355083

Data Tables (1)

Full Response Text

Page 1 of 6 Department of Environment, Food and Agriculture Rheynn Chymmyltaght, Bee as Eirinys 8th November 2017 Dear , Freedom of Information Act 2015 (FoIA) Ref: IM108812I, Scaffolding in stream Thank you for your request dated 31st October 2017 You asked: I understand Department of Fisheries recently enquired with Utilities about scaffold in the stream next to my house. I would like any information regarding this matter related to me so I can understand why this has come about. Response As discussed in your telephone conversation of the 31st October with , the Department can confirm that there has been no enquiry from Fisheries to Manx Utilities in relation to any scaffolding in the stream next to your house ( ). Fisheries did send a series of messages asking for confirmation that the new pipes leading to the stream were surface water discharges (Fisheries are normally consulted on other discharges). The main purpose of this email was an exchange as consultees to a flood risk management works application affecting the same stretch of stream on the opposite bank. I have copied the relevant email chain as an appendix to this letter as well as a photo referred to within the email. 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 to the sender of this letter at the address above. An electronic version of the relevant complaint form can be found by going to our website at https://www.gov.im/about-the-government/freedom-of-information/freedom-of-information-review- request. If you would like a paper version of the complaint form to be sent to you by post, please contact us and we will be happy to arrange for this. Your review request should explain why you
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

Quoting Ref: IM108812I Your Ref: Page 2 of 6 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; 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 rights to review is on the Information Commissioner’s website at: https://www.inforights.im/
If anything is unclear, or if you have any queries concerning this letter, please do not hesitate to contact me. Further information about Freedom of Information requests can be found: https://www.gov.im/about-the-government/freedom-of-information Yours sincerely

Page 3 of 6 Appendix – email exchange between MU and Fisheries with associated photo Hi Jan, MUA agreed to two drainage gullies. On the planning drawings the layout plan shows a shower room and store in the location of the third pipe on your photograph so it could be the shower room extract or a dryer extract from the store. Building Control should be aware and maybe able to advise further. Regards From: Gledhill, Jan
Sent: 04 October 2017 09:57 To: Cc: Subject: RE: DoI at 1&2 Fairy Hill Close, Ballafesson, Port Erin Thanks that’s good to know. Fisheries Officers had queried the pipes as one of them seemed quite high up for a ground drain. Jan Dr J.R. Gledhill Inland Fisheries Development Manager Fisheries Directorate Department of Environment, Food and Agriculture, Thie Slieau Whallian, Foxdale Road, St Johns, Isle of Man
IM4 3AS Tel: 01624 685857 Email: Jan.Gledhill@gov.im
From: Sent: 03 October 2017 15:32 To: Gledhill, Jan Cc: Subject: RE: DoI at 1&2 Fairy Hill Close, Ballafesson, Port Erin Hi Jan, Thanks for your comments I will advise the applicant to include these methods within his working practice. Broomfield Cottage – I confirm that MUA have approved (via Planning Application) the installation of drainage gullies from the front garden to stream north of the property, fitted with none return valves. We have recently been in touch with the owner and he has MUA Officer MUA Officer Page 4 of 6 confirmed he will be cutting the pipes off to make them flush and installing none return valves before the works are completed on site. Regards From: Gledhill, Jan
Sent: 29 September 2017 10:38 To: Cc: Subject: RE: DoI at 1&2 Fairy Hill Close, Ballafesson, Port Erin Hello This small stream is unlikely to contain salmonid fish at this point, although there are known brown trout populations further downstream near where the stream passes through the Ballachurry nature reserve. Eels may be present in this stretch, but as most of the work seems to involve placing poles and mesh, with only limited material removal, they should move out of the area when disturbed. Carrying out the works outside the July – September window should not create problems in this case as long as care is taken to protect any fish populations and any spawning areas downstream, but the sooner the works are carried out the better.
Please advise the applicant to use the following methods to achieve this • Use of a sedimat below the downstream of section 1-1 when any work is being carried out that might disturb sediment e.g. the removal of material from the channel edge. • Ensure that the watercourse is well protected using shuttering or similar when using concrete. • Call DEFA Inland Fisheries on 685857 if any concerns regarding fish populations arise or Environmental Protection Unit on 685885 in the case of a pollution event. On another point – there are three new pipes that feed from the house extension works (Broomfield Cottage) on the other side of the channel (photo attached). These are not detailed on the planning site (PA 15/01135/B) but drawings were submitted to and accepted by Manx Utilities. Could you possibly confirm that these are all surface water drainage pipes? Kind regards Jan Dr J.R. Gledhill Inland Fisheries Development Manager Fisheries Directorate Department of Environment, Food and Agriculture, Thie Slieau Whallian, Foxdale Road, St Johns, Isle of Man
IM4 3AS Tel: 01624 685857 Email: Jan.Gledhill@gov.im
MUA Officer MUA Officer Page 5 of 6 From: Sent: 22 September 2017 12:08 To: Gledhill, Jan; Subject: DoI at 1&2 Fairy Hill Close, Ballafesson, Port Erin Hi all, Please find attached FRM application form for works to a watercourse embankment at the above address, please advise if you have any comments? Regards PO BOX 177 • DOUGLAS • ISLE OF MAN • IM99 1PS • BRITISH ISLES tel: +44 (1624) • e-mail: @manxutilities.im mob: +44 (7624) • web: www.manxutilites.im MUA Officer MUA Officer Page 6 of 6