Information relating to land registered below the Bayview Hotel Port St Mary.

Summary

The requester sought correspondence and file notes regarding the registration of two land titles below the Bayview Hotel in Port St Mary, specifically questioning the omission of public rights of way and the legality of government land disposal. The Department for Enterprise released a memo explaining the registration decision but withheld other documents citing pre-Act creation dates and exemptions related to Land Registry rules and the conduct of public business.

Key Facts

• The request concerns Title No. 41-00309 (beach) and Title No. 41-01013 (the Brow) below the Bayview Hotel.
• The requester claims documentary proof of acquiring paths in 1917 which are not referenced in the current title.
• Title 41-01013 is located within a Designated Harbour Area, where disposal is restricted by the Harbours Act 2010.
• A memo from the former Legal Officer was released to explain the reasons for land registration.
• Much of the requested material was created prior to 11 October 2011 and falls outside the Freedom of Information Act 2015.

Data Disclosed

• 2017-04-21
• 2018-08-24
• 24 August 2017
• 18 May 2017
• 27 July
• 11 October 2011
• Title No. 41-00309
• Title No. 41-01013
• PRoW447
• 1917
• Harbours Act 2010
• Land Registry Rules 2000
• Rule 104
• section 27
• section 35
• 6 pages
• 1 document

Exemptions Cited

• Information created prior to 11 October 2011 (outside scope of FOIA 2015)
• Section 27: Information the disclosure of which is restricted by law (Rule 104 of Land Registry Rules 2000)
• Section 35: Conduct of public business (inhibition of free and frank provision of advice)

Data Tables (2)

Full Response Text

Page 1 of 6

Our Ref: IM85176I

Date: 24 August 2017

Dear

REQUEST UNDER THE FREEDOM OF INFORMATION ACT 2015 (“the Act”)

Thank you for your request dated 21 April 2017. Your request Your request was as follows: “I request all correspondence, file and telephone call notes, emails relating to Title No. 41- 00309 (the beach below the Bayview Hotel Port St Mary) and Title No 41-01013 (the Brow below the Bayview Hotel Port St Mary).” In your reply dated 18 May 2017 to my letter seeking clarification, you stated that you were content for us to exclude correspondence either directly with you or with your legal representatives. You also stated that you are interested in the subject for the following reasons:

“Title 4100309 is a piece of land that is dissected by a network of paths, one of which is a Public Right of Way (PRoW447). We have documentary proof that we acquired these paths in 1917. While we have the Epitome of Title, this is inconclusive and we are interested in understanding how this title has been issued with no reference to our rights.

Title 4101013 refers to a piece of land that is within the Designated Harbour Area. As such it belongs to the government (on behalf of the people!) and the constraints of the Harbours Act 2010 and its predecessor legislation is that such land cannot only be disposed of in a limited number of ways (such as to Manx Heritage) and then only by Order of Tynwald. Having searched extensively we have found no such Order. We are therefore interested to ascertain how this title has become registered in the name of an individual with a background in property development.”

Via email: a.hamilton@portstmary.gov.im Department of Economic Development Rheynn Lhiasaghey Tarmaynagh

Freedom of Information Co-ordinator 1st Floor St Georges Court Upper Church Street Douglas Isle of Man IM1 1EX

Telephone: (01624) 685375
Website: www.gov.im/ded

Page 2 of 6

On 27 July we also spoke on the telephone and you agreed that you would like any material from the files that would help you to understand how the registration of these two pieces of land came about.

Response to your request Given that you wish to understand the decision to register the land, I enclose a copy of a memo by the former Legal Officer in the Land Registry which specifically sets out the reasons why land was registered. As discussed in our telephone conversation there is a lot of information in the files on the registration that may not be helpful in understanding how the registration of the land came about. There is also material which we consider either falls outside the Freedom of Information Act 2015 or is exempt. The Act does not apply to much of the material in the files relating to the two Titles as it was created prior to 11 October 2011. Information exempt under section 27 of the Act We also consider that some of the material requested is exempt under section 27 of the Act (“Information the disclosure of which is restricted by law”). Under section 27(1)(a) information is absolutely exempt information if its disclosure by the public authority holding it is prohibited by or under any statutory provision. The Department considers that Rule 104 of the Land Registry Rules 2000 prohibits release of some of the material: 104. Retention of documents by Registry (1) Except where otherwise provided by the Act or these Rules, all deeds and other documents presented or produced to the Registry relating to registrations or dealings under the Act or any entry on the register, shall be retained by or on behalf of the Registrar and shall not be released except under a written order of the Registrar, an order of the High Court or the Land Commissioner. (2) Paragraph (1) does not apply to — (a) a power of attorney or office copy thereof; (b) a grant of probate or letters of administration or office copy thereof; (c) a lease or counterpart thereof; (d) a charge; (e) a debenture; (f) a certified copy of an entry in a register of births, deaths or marriages. We consider that “all deeds and other documents presented or produced to the Registry relating to registrations or dealings under the Act or any entry on the register” covers all the material provided to the Land Registry by the applicants, their legal representatives and other bodies in relation to the registrations. Page 3 of 6

Information exempt under section 35 of the Act In addition some of the information we are withholding on the basis that the information contained within is exempt under section 35 (“conduct of public business”). This is because we consider that the information would be likely to inhibit the free and frank provision of advice or would otherwise prejudice the effective conduct of public business. Information deemed to be exempt under section 35 is subject to a public interest test which requires us to balance the public interest in withholding the relevant information against disclosure of the relevant information. The factor in favour of release is:  Openness and transparency The factor in favour of withholding is:  Disclosure would be likely to inhibit the ability of public authority staff and others to express themselves openly, honestly and completely when providing advice or giving their views. On balance the Department has decided that the public interest weighs in favour of withholding the information. However there is more information contained in the files which we could release to you, though we consider that you may not find it so helpful in understanding the decisions to register the titles of land. We therefore attach a schedule of documents that were in the files relating to the registration (see the Annex to this letter) If you wish to obtain copies of any of the documents that are listed please make a further FOI request. 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 me at the above address. An electronic version and paper version of our complaint form can be found on our website here: www.gov.im/about-the-government/freedom-of-information/freedom-of-information-review- request/ 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 whether we: 1 have responded to your request for information in accordance with Part 2 of the Freedom of Information Act; or 2 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. Page 4 of 6

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 www.gov.im/foi.

Yours sincerely

Freedom of Information Co-ordinator Page 5 of 6

Annex

Schedule of documents in relation to FOI request IM85176I Date Description ? Photocopies of 2 maps showing Port St mary, 1 B & W, 1 colour 21/03/2012 Email from Chief Registrar to MHK re. correspondence from constituent 16/03/2012 Email from Legal Officer, Land Registry to Chief Registrar enclosing draft response to MHK (draft response plus 1st draft also included) 12/03/2012 Acknowledgement email from Legal Officer, Land Registry to Andrew Potter, DOI's letter dated 20th jan 2011 to Registry 12/03/2012 Acknowledgement email from Legal Officer, Land Registry to Andrew Potter, DOI's plan dated 20th Jan 2011 to Registry 12/03/2012 Handwritten note re. Andy Potter, DOI 12/03/2012 Handwritten note: "Notes of the Chief Registrar" 12/03/2012 Emails between Legal Officer, Land Registry and Stephen Chief Registrar (part of email chain) 12/03/2012 Email from Chief Registrar to Legal Officer 07/03/2012 Email from Legal Officer, Land Registry re. meeting with Mr Leigh 05/03/2012 Letter from Legal Officer, Land Registry to Kenneth Leigh re. land to the east of bay View Hotel, Port St Mary 15/02/2012 Letter from Wendy Barton, Land Registry, to Mr K. Leigh, re. title no. 41-01013, acknowledging receipt of letter 09/02/2012 Letter from Kenneth Leigh to Legal Officer, Land Registry, re. public scrutiny of application forms etc. 07/02/2012 Letter from Legal Officer, Land Registry to Kenneth Leigh re. land to the east of bay View Hotel, Port St Mary and proof of title 02/02/2012 Letter from Kenneth Leigh to Legal Officer, Land Registry re. public scrutiny of application forms etc. 25/01/2012 Letter from Legal Officer, Land Registry to Clerk of Port St Mary Commissioners, "Property: Land to the east of Bay View Hotel, Port St Mary" re. title no. 41-01013 28/11/2011 Letter to BridsonHalsall from Legal Officer, Land Registry sending map showing right of way 444 21/11/2011 Letter to BridsonHalsall from Legal Officer, Land Registry re. public rights way numbered 446 & 447 Page 6 of 6

17/11/2011 Letter to BridsonHalsall from Legal Officer, Land Registry re. App no. 2010 02731 setting out "summary of decisions I have taken in this application" 10/11/2011 Collection of handwritten notes on app no 2010 02731 (1st page dated 10.11.2011 - unclear if all same date) with map appended 16/11/2011 Prints from searches of Companies Registry 09/11/2011 Letter from Legal Officer, Land Registry to BridsonHalsall re. app no. 2010 02731 01/12/2015 Memo from Legal Officer, Land Registry to Senior Registration Officer, Land Registry requesting file from Doxbond on 26/11/2015 Email from Legal Officer, Land Registry to Deputy Director, General Registry 26/11/2015 Email from Legal Officer, Land Registry to Deputy Director, General Registry, on PSM foreshore title 8/01/2016 - 01/04/2016 Email chain inc. emails from PSM Commissioners, Minister Skelly, John Wilkinson, Garth Anderson 25/01/2016 Email from Deputy Chief Executive, DED to Legal Officer, Land Registry (Out of office) 25/01/2016 Email from Legal Officer, Land Registry to Deputy Chief Executive, DED 22/01/2016 Email from Deputy Chief Executive, DED to Legal Officer, Land Registry 19/01/2016 Emails between Legal Officer, Land Registry, Deputy Chief Executive, DED and Head of Registries Division 11 - 12/01/2016 Emails between Deputy Chief Executive, DED and Legal Officer, Land Registry 8/01/2016 - 12/01/2016 Emails between Deputy Chief Executive, DED and Legal Officer, Land Registry
8/01/2016 - 11/01/2016 Email from Deputy Chief Executive, DED to Legal Officer, Land Registry 8/01/2016 - 11/01/2016 Email from Deputy Chief Executive, DED to Legal Officer, Land Registry
11/12/2015 Email from Senior Registration Officer to Alec Merchant, PSM Commissioners 10/12/2015 Note on phone call from Alec Merchant, PSM Commissioners 01/12/2015 Letter from Legal Officer, Land Registry to CallinWild 01/12/2015 Emails between Legal Officer, Land Registry and Information Commissioner re. obligations to release information 01/12/2015 Memo from Legal Officer, Land Registry to Senior Registration Officer requesting file from Doxbond