Broogh Wyllin first time buyers

Summary

A request was made for detailed financial assistance records for first-time buyers at the Broogh Wyllin development, but individual property data was withheld due to personal data exemptions. The Department of Infrastructure disclosed aggregate figures for loans and grants provided between 2005 and 2009, along with current outstanding balances.

Key Facts

• Individual property breakdowns were withheld to prevent identification of personal data.
• Financial assistance was provided for 11 property purchases at Broogh Wyllin between December 2005 and March 2009.
• No assistance has been offered for purchases at this development since March 2009.
• There are currently no prospective purchasers receiving assistance offers for properties in Broogh Wyllin.
• The response was processed under both the Freedom of Information Act 2015 and the Code of Access on Government Information 1996.

Data Disclosed

• £343,527.00
• £147,000.00
• 11 property purchases
• December 2005
• March 2009
• £278,526.00
• £52,200.00
• 2008
• 11 October 2011
• 2017-10-18
• 2017-11-02

Exemptions Cited

• Section 25(2)(b)(ii) of the Freedom of Information Act 2015 (Personal Data)
• Data Protection Act 2002 (Data protection principles)

Data Tables (1)

Data Tables (reformatted)

Full Response Text

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

FOI Reference No: IM107369I
Request under The Freedom Of Information Act 2015 (“The Act”)

Thank you for your request dated 18 October 2017.

You requested (clarification in italics)

Please supply detailed information of the financial assistance given to first time buyers of properties in Broogh Wyllin Kirk Michael. These properties were constructed by Heritage Homes and the development was completed by the year 2008.
1. Please give full details of the amounts provided to prospective buyers under the scheme which would have assisted in the purchase of the properties. It would be most helpful if:- (A) you could provide details of the assistance given under both the ‘top up loan and the grant scheme ). 2. Please show the balance owed to the government to date from the properties on this development. (B) please provide details of the loan/grants amount still owed to the government under the scheme. 3. Please give details of any current assistance offered to prospective purchasers on Broogh Wyllin Kirk Michael Thank you

Response to your request

Your request seeks information from 2008 to the current day. Section 4(1) of the Freedom of Information Act stipulates that “This Act applies in relation to information created on or after 11 October 2011”.

The Code of Access on Government Information 1996 governs requests for information that pre- dates 11 October 2011. For your convenience, while we have processed each part of your request under separate pieces of legislation, we are combining all the information in one response.

While it is the aim of the Department to provide information whenever possible, in answering your questions 1 and 2, some level of detail of the information requested cannot be provided. This is because a breakdown of the information as it relates to individual properties could make it possible for personal data to be identified when read in conjunction with other data already publically available regarding land transactions.

In line with section 25(2)(b)(ii) the Department is satisfied that this information amounts to personal data under the Data Protection Act 2002. The Department is further satisfied that disclosure of the information would contravene one of the data protection principles, namely that the Department can only disclose the information where it would be fair, lawful and meet one of the conditions in schedule 2 and one of the conditions in schedule 3, and in this case, none of those conditions have been met.

Under Section 25(2) of the Freedom of Information Act 2015, information is absolutely exempt if it constitutes personal data of which the applicant is not the data subject and in circumstances specified in the Act where the disclosure of the information to a member of the public would contravene any of the data protection principles.

1. However, the Department is able to confirm that between December 2005 and March 2009, Top-up Loan assistance totalling £343,527.00 and Grant assistance totalling £147,000.00 was provided to assist in 11 property purchases at Broogh Wyllin, Kirk Michael. No assistance has been provided towards purchases on this development since March 2009.

2. The total balance of Top-up Loan assistance currently outstanding in relation to properties at Broogh Wyllin is £278,526.00 and total balance of Grant assistance currently outstanding in relation to properties at Broogh Wyllin is £52,200.00.

3. There are no prospective purchasers of properties in Broogh Wyllin that have any offer of assistance from the Department at present.

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/