Highways Adoption Oakhill Close

Summary

The applicant requested proof of when the Department of Infrastructure adopted a section of land outside number 47 Oakhill Close as a public highway. The Department responded that it does not hold the requested information because the responsibility for roads constructed before the mid-1980s was transferred from Douglas Borough Council without specific adoption documentation.

Key Facts

• The Department of Infrastructure does not hold documentation stating when the specific section of road was adopted.
• Responsibility for roads and footways constructed before the mid-1980s was passed from Douglas Borough Council to the Department under the Highways Act 1986.
• The applicant claims the land in question is privately owned and has never been maintained by highways.
• The Department suggested contacting Douglas Borough Council directly for potential assistance.
• The request was refused under section 11(2)(b) and 11(3)(a) of the Freedom of Information Act 2015.

Data Disclosed

• 23rd January 2017
• 2017-02-23
• IM75154I
• number 47 Oakhill close
• mid 80s
• Highways Act 1986
• section 11(2)(b)
• section 11(3)(a)
• section 3(3)
• 01624 696300
• IM99 1AD
• IM1 2RF

Exemptions Cited

• Section 11(2)(b) of the Freedom of Information Act 2015
• Section 11(3)(a) of the Freedom of Information Act 2015

Data Tables (1)

Full Response Text

Department of Infrastructure Sea Terminal Building, Douglas, Isle of Man, IM1 2RF

Dear

FOI Reference No: IM75154I Request Under The Freedom Of Information Act 2015 (“The Act”)

Thank you for your request dated 23rd January 2017

Your request

I would like to request information regarding a section of land outside number 47 Oakhill close Glenpark Douglas that highways have informed me they have adopted. To my knowledge and after months of research the section of land in question is still part of a private parking space. I would like to request proof of when highways adopted it. It has never been maintained by highways and even when the public footpaths of Oakhill close were all renewed last summer, maintenance was stopped at the boundary of the private parking bay which includes this piece of land. The section of land at the bottom of the close has always been owned privately by myself along with five other home owners and according to all deeds has never been an official public highway. I have tried through other means to obtain the requested information both by emailing, visiting and telephoning but without any success.

Response to your request

While our aim is to provide information whenever possible, in this instance the Department does not have the information you have requested (“I would like to request proof of when highways adopted it”).

Under section 11(2)(b) a practical refusal reason applies, referencing section s11(3)(a) the public authority does not hold or cannot, after taking reasonable steps to do so, find the information that the applicant has requested.

All roads and footways constructed before the mid 80s used to be the responsibility of the local authority (Douglas Borough Council in this instance), and they were passed to the Department with the commencement of the Highways Act 1986. As referenced in section 3(3) of the Act “The Department shall cause to be made, and shall keep corrected up to date, a map of the island

showing the highways which are highways maintainable at the public expense, other than footpaths”.

While the responsibility was passed to us, we do not have any documentation stating when the section of road you have enquired about was adopted.

You may wish to contact Douglas Borough Council directly at the Town Hall, Ridgeway Street, Douglas, IM99 1AD, telephone number 01624 696300 who may be able to help you.

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 to foi.doi@gov.im or by delivery/post to Mr Ian Harris, Department of Infrastructure, Sea Terminal Buildings, Douglas, IM1 2RF. An electronic version and paper version of our complaint form can be found by going to our website at https://www.gov.im/about-the-government/freedom-of-information/

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; 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: 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 https://www.gov.im/about-the-government/freedom-of-information/