Broomfield Cottage

Summary

The requester asked for details regarding Broomfield Cottage, specifically concerning work on a stream and trees, to which the Department of Environment, Food and Agriculture responded by providing 106 pages of documents while withholding some information due to personal data exemptions.

Key Facts

• The request was received on 2018-02-12 and the outcome was issued on 2018-03-08.
• The authority released 106 pages of information in a single document.
• Some information was withheld under Section 25 of the Freedom of Information Act 2015 as absolutely exempt personal data.
• The disclosed documents include emails regarding a planning application (15/01135/B) for an extension and carport.
• Correspondence discusses works to a water course and the timing of such works relative to the summer months.

Data Disclosed

• 2018-02-12
• 2018-03-08
• 106
• 1
• 2015
• 2002
• 06 June 2017
• 08 November 2017
• 15/01135/B
• July
• September

Exemptions Cited

• Section 25 of the Freedom of Information Act 2015 (Absolutely exempt personal information)
• Data Protection Act 2002

Original Request

Please provide any details relating to Broomfield cottage received or sent out by your department in the last year, in particular work impacting the stream on our north border and trees on the west border. Full address is  Broomfield cottage, Qualthoughs lane, Ballafesson.

Data Tables (1)

Full Response Text

Page 1 of 2

 Department of Environment, Food and Agriculture

  Rheynn Chymmyltaght, Bee as Eirinys

8th March 2018

Dear

Request under the Freedom of Information Act 2015 (FoIA) Ref: IM120692I – Broomfield Cottage Thank you for your request dated 12th February 2018.
You asked: Please provide any details relating to Broomfield cottage received or sent out by your department in the last year, in particular work impacting the stream on our north border and trees on the west border.

Response:

I enclose a copy of the information you have requested at Appendix 1.

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 reason why the exemption applies is the Department is satisfied that the information amounts to personal data under the Data Protection Act 2002.

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 www.gov.im/foireview. 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 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;

Corporate Services Directorate, Thie Slieau Whallian, Foxdale Road,
St John’s, Isle of Man, IM4 3AS Fax no (01624 685851 Email: defa@gov.im
www.gov.im

Quoting Ref: IM120692I Your Ref:

Page 2 of 2

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 2

From:

Sent: 06 June 2017 21:15 To: DEFA, Planning Subject: Broomfield Cottage - Ballafesson (Planning Application: 15/01135/B)

We will soon start building working on an extension for which we were given planning for last year and also won an appeal submitted by our neighbours.

Part of the extension is to erect a store and carport of which the west wall will be directly along the boundary shared the same neighbours who submitted the appeal and have persistent objected to most aspects of our plans.

The plans say we will render walls however it is very unlikely we can not render the wall along the shared boundary as they will not give access which will also require temporary removal of a wooden fence along the boundary.

Will we have breached planning if this length of wall is left with out render because the neighbours refuse access?

Regards

2

PO BOX 177 • DOUGLAS • ISLE OF MAN • IM99 1PS • BRITISH ISLES tel: +44 (1624) • e-mail:

mob: +44 (7624) • web: www.manxutilites.im

 please consider the environment - do you really need to print this email?

From:

Sent: 08 November 2017 14:39 To:

Cc: ;

Subject: RE: Works to the water course

hi

That's fine but I would expect to be given the opportunity to see and agree or disagree with plans well ahead of the Summer months next year as you can appreciate the bank is getting worse.

Following comments would you agree planning consent is required?

Kind regards

From: "

To:

Cc: ' "

Date: 08/11/2017 13:29
Subject: RE: Works to the water course

Dear We understood that the ideal time to carry out this work is between the months of July and September. Outside this time measures to protect the stream during the work have to be taken. We were in the process of arranging a site meeting with Fisheries to discuss this matter prior to any works starting. This however is now academic. I have postponed our works until I have fully investigated the points that you have raised.
3 Kind Regards

Tel: 01624

Fax: 01624

Mobile 07624

email

From:

Sent: 08 November 2017 08:54 To:

Cc:

Subject: Re: Works to the water course

Thanks .

All - I wouldn't say this is land drainage, this is a stream and fisheries have been integral part of my planning applications and also involved with this piece of work. I have had to carry out work to re-inforce the embankment on my side (this was also collapsing in) during the dry season (between and including the months April to September).

I are several agreements which I had to comply with conditions set by fisheries and utilities I expect public housing to do the same. Whilst maintaining the bank on their side which is collapsing in (which I reported around two years ago), but also ensuring the width of the stream is maintained.

Kind regards

From: @gov.im>
To:

Date: 07/11/2017 17:08
Subject: Works to the water course

Dear all,

4 As pointed out prior to works commencing, Government is able to undertake work without planning approval under the following provisions:

Class 3 Land drainage works states:
“Operations by or on behalf of a body, in the exercise of powers conferred by the Land Drainage Act 1934, consisting of works in, on or under a watercourse or land drainage works in connection with the improvement, maintenance or repair of the watercourse or works.” (The Town and Country Planning (Permitted Development) Order 2012).

As such, if you are complying with this, we would not seek any planning application.

,
Planning and Building Control Directorate,
Department of Environment, Food and Agriculture,
Murray House,
Mount Havelock,
Douglas,
Isle of Man IM1 2SF.

Telephone: (01624)

Fax: (01624) 686443

Any views expressed in this email are those of the officer only and are without prejudice to any formal decision made under the provisions of the Town and Country Planning Act 1999 and any relevant secondary legislation

A current consultation on potential improvements to the planning system is open for comment until the 15/12/17. For more information please visit: Improve the Planning System

please consider the environment - do you really need to print this email?

Isle of Man. Giving you freedom to flourish

WARNING: This email message and any files transmitted with it are confidential and may be subject to legal privilege. You must not copy or deliver it to any other person or use the contents in any unauthorised manner without the express permission of the sender. If you are not the intended addressee of this e- mail, please delete it and notify the sender as soon as poss ble.

No employee or agent is authorised to conclude any binding agreement on behalf of any of the Departments or Statutory Boards of the Isle of Man Government with any party by e-mail without express written confirmation by a Manager of the relevant Department or Statutory Board.

RAAUE: S’preevaadjagh yn çhaghteraght post-l shoh chammah’s coadanyn erbee currit marish as ta shoh coadit ec y leigh. Cha nhegin diu coipal ny cur eh da peiagh erbee elley ny ymmydey yn chooid t’ayn er aght erbee dyn kied leayr veih’n choyrtagh. Mannagh nee shiu yn enmyssagh kiarit jeh’n phost-l shoh, doll-shiu magh eh, my sailliu, as cur-shiu fys da’n choyrtagh cha leah as oddys shiu.

Cha nel kied currit da failleydagh ny jantagh erbee conaant y yannoo rish peiagh ny possan erbee lesh post-l er son Rheynn ny Boayrd Slattyssagh erbee jeh Reiltys Ellan Vannin dyn co-niartaghey scruit leayr veih Reireyder y Rheynn ny Boayrd Slattyssagh t’eh bentyn rish.
The information in this e-mail is confidential and may be legally privileged. It is intended solely for the addressee and access to this e-mail by anyone else is unauthorised.

If you are not the intended recipient, any disclosure, copying, distribution or any action taken or omitted to be taken in reliance on it is prohibited and may be unlawful.

At present the integrity of e-mail across the Internet cannot be guaranteed and messages sent via this medium are potentially at risk. Therefore we will not accept liability for any claims arising as a result of the use of this medium to transmit messages by or to the

For further legal information on the of companies and details of the 5 registered offices please visit

For further legal information on . and details of the registered office please visit

The information in this e-mail is confidential and may be legally privileged. It is intended solely for the addressee and access to this e-mail by anyone else is unauthorised.

If you are not the intended recipient, any disclosure, copying, distribution or any action taken or omitted to be taken in reliance on it is prohibited and may be unlawful.

At present the integrity of e-mail across the Internet cannot be guaranteed and messages sent via this medium are potentially at risk. Therefore we will not accept liability for any claims arising as a result of the use of this medium to transmit messages by or to the

For further legal information on the group of companies and details of the registered offices please visit

For further legal information on and details of the registered office please visit

From: To: Cc: DEFA, South Planning Enquiries Subject: RE: Planning Application Query Date: 07 September 2017 15:08:56 Attachments: PDOrder2012.pdf Dear Thank you for your email. The Permitted Development allows for statutory bodies to undertake certain works without planning permission. Class 3 Land drainage works states: “Operations by or on behalf of a body, in the exercise of powers conferred by the Land Drainage Act 1934,10 consisting of works in, on or under a watercourse or land drainage works in connection with the improvement, maintenance or repair of the watercourse or works.” Accordingly, I would advise that if you comply with the above then the works can be undertaken without the need for a planning application being made. If not, then you will need to make an application for the works. Kind Regards Any views expressed in this email are those of the officer only and are without prejudice to any formal decision made under the provisions of the Town and Country Planning Act 1999 and any relevant secondary legislation. Please be aware that should the content of this email be materially relevant to a planning application, its content may be published as detail relevant to the formal assessment of the application. Publication will include availability via online services. From:

Sent: 07 September 2017 14:24 To: DEFA, South Planning Enquiries Subject: Planning Application Query We are currently working on a scheme on behalf of DoI – Public Estate and Housing Division, for repair works to the eroding bank at the rear of Nos. 1 & 2 Fairy Hill Close, Ballafesson, Port Erin. Attached for your information are our preliminary drawings and record photographs of the bank in its current condition. We have been in contact with MUA regarding the adjoining watercourse and are aware that we need to obtain consent from them to carry out these repairs works, which basically involve larch poles inserted into the ground at 600mm centres, with a green PVC coated galvanised mesh fixed to the rear to retain the existing ground material. The height of the larch poles are 650mm above the base of the watercourse and have minimal projection above the adjoining ground levels. The proposal also includes the planting of willow saplings along the top of the bank, the root system of which should in time stabilise the bank. Part of the MUA consent form asks whether or not a planning application has been made for the works, would you be able to advise if we are required to make a formal planning application for these repair works? Regards, Kind regards

From:

Cc:

Date: 08/11/2017 13:29 Subject: RE: Works to the water course Dear , We understood that the ideal time to carry out this work is between the months of July and September. Outside this time measures to protect the stream during the work have to be taken. We were in the process of arranging a site meeting with Fisheries to discuss this matter prior to any works starting. This however is now academic. I have postponed our works until I have fully investigated the points that you have raised. Kind Regards

Department of Infrastructure Public Estates and Housing Division Markwell House, Market Street Douglas Isle of Man IM1 2RZ Tel: 01624

Fax: 01624 685943

From:

Sent: 08 November 2017 08:54 To: Cc: Subject: Re: Works to the water course Thanks . All - I wouldn't say this is land drainage, this is a stream and fisheries have been integral part of my planning applications and also involved with this piece of work. I have had to carry out work to re-inforce the embankment on my side (this was also collapsing in) during the dry season (between and including the months April to September). I are several agreements which I had to comply with conditions set by fisheries and utilities I expect public housing to do the same. Whilst maintaining the bank on their side which is collapsing in (which I reported around two years ago), but also ensuring the width of the stream is maintained. Kind regards From: To: Cc: Subject: RE: 18.02.01- Bank Stabilisation Works at Nos. 1 and 2 Fairy Hill Close Date: 01 February 2018 11:54:06 Our Client is the Department of Infrastructure - Public Estates and Housing Division, whic

[Response truncated — full text is 41,547 characters]