Recent redevelopment, 2 dwellings, Gelling's Avenue, Port St. Mary

Summary

The request sought all correspondence, file notes, dimensions, site levels, declarations of interest, and completion certificates regarding a redevelopment of two dwellings on Gelling's Avenue. The Department of Environment, Food and Agriculture disclosed the requested information via a password-protected memory stick, with some personal data redacted and publicly available planning details noted as exempt.

Key Facts

• The request concerns the redevelopment of two dwellings at Gelling's Avenue, Port St. Mary.
• Information was provided on a password-protected memory stick due to file size.
• Personal information was redacted under Section 25 of the Freedom of Information Act.
• Publicly available planning information was exempted under Section 20.
• The case outcome was recorded as 'Not upheld' on 2018-08-01.

Data Disclosed

• 362837
• 2018-04-09
• 2018-08-01
• 16/00281/B
• ENF17/00099
• 05/92275/A
• 09/00128/REM
• 2nd December 2005
• 20th April 2009
• 11th November 2016
• 12th March 2018
• 6th April
• 8th April
• 11th June 2018
• 4 pages
• 1 document

Exemptions Cited

• Section 25 (Personal Information)
• Section 20 (Information accessible to applicant by other means)

Original Request

All correspondence between the Department and all concerned parties, including the Developer, their Agent, the Local Authority and political members. All internal and inter-departmental correspondence regarding this development. All file notes held by the Department including all dimensions taken of the new dwellings and the demolished store/garages. All ground/site levels taken by the Department and submitted by the Developer and their agent. The declaration of interest submitted by the Director of the Planning & Building Control. Copies of the completion/habitation certificates.

Data Tables (1)

Data Tables (reformatted)

Full Response Text

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

Our ref: 362837 11th June 2018

Dear ###,

We write further to your request which was received on 12th March 2018 and which states:

"1. All correspondence between the Department and all concerned parties, including
the Developer, their Agent, the Local Authority and political members. 2. All internal and inter-departmental correspondence regarding this development. 3. All file notes held by the Department including all dimensions taken of the new dwellings and the demolished store/garages. 4. All ground/site levels taken by the Department and submitted by the Developer and their agent. 5. The declaration of interest submitted by the Director of the Planning & Building Control. 6. Copies of the completion/habitation certificates." (Note - for ease of reference I have numbered your questions and our response to each question is below.)

We further emailed you to request clarification on the 6th April and you responded on the 8th as below: “Further to your recent email I attach a location map to identify the site in question, this is the only site on Gelling's Avenue that has been recently re-developed. The planning application reference no. for the development is 16/00281/B and the subsequent suspected breach(es) reference no. is ENF17/00099. There has been a considerable amount of correspondence with DEFA about numerous issues that have occurred throughout the re-development. …” Our response to your request, which constitutes information held at the time your request was received, is as follows. (Due to the file sizes the information is being sent to you on a password protected memory stick through the general post): Page 2 of 4 Personal Information Some personal information, both your own and that of third parties, has been redacted from the information supplied. Personal Information is absolutely exempt from release under section 25 of the Freedom of Information Act if it constitutes personal data of which the applicant is the data subject (section 25(1)(a)) or personal data of which the applicant is not the data subject (section 25(2)(a)). Your question 1. All correspondence between the Department and all concerned parties, including the Developer, their Agent, the Local Authority and political members. Response See Appendix 1 Your question 2 All internal and inter-departmental correspondence regarding this development. Response See Appendix 2 Your question 3 All file notes held by the Department including all dimensions taken of the new dwellings and the demolished store/garages. Response See Appendix 3 Your question 4 All ground/site levels taken by the Department and submitted by the Developer and their agent. Response The site and ground levels are annotated to plan copies which are included within the plans and diagrams. Your question 5 The declaration of interest submitted by the Director of the Planning & Building Control. Response See Appendix 4. This is also mentioned in the text of emails within some of the other information in other Appendices. Your question 6 Page 3 of 4 Copies of the completion/habitation certificates. Response See Appendix 5 Publically available information As well as the information provided here, more information is publically available either online via the IOM Govt. Online Services portal here https://services.gov.im/planning- applications/ or by visiting the Planning Office, Murray House, Mount Havelock, Douglas, where copies can be taken for a small charge. App. No. 05/92275/A - Approval in principle for the erection of a pair of semi- detached dwellings with integral garages garage and plot opposite St Marys Hall, Gellings Avenue ... - 2nd December 2005 (nothing available online); App. No. 09/00128/REM - Reserved matters application for the erection of two semi-detached dwellings with integral garages site opposite St Marys Hall, Gellings Avenue ... - 20th April 2009; and App. No. 16/00281/B - Erection of two dwellings with on-site parking garage and plot Gellings Avenue ... - 11th November 2016. Section 20 Information accessible to applicant by other means Under section 20, information that is already publically available is absolutely exempt from release here. Information is absolutely exempt information if it is reasonably accessible to the applicant, whether free of charge or on payment, … Please quote the reference number 362837 in any future communications.

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 us at
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

An electronic version of our complaint form can be found by going to our website at https://services.gov.im/freedom-of-information/Review . If you would like a paper version of our complaint form to be sent to you by post, please contact me and I 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. Page 4 of 4

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 2015; 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 right to a review can be found 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.

I will now close your request as of this date.

Yours sincerely