Planning Application Independent Assessment

Summary

The requester asked for the average number of planning application refusals overturned by independent assessment per year, specifically for 2023. The Department of Environment, Food and Agriculture refused to provide the data directly, citing that it is already reasonably accessible via the government's Open Data webpage.

Key Facts

• The request was received on 23 July 2024 and the response was issued on 6 August 2024.
• The requester clarified the date range for the data to be the year 2023.
• The authority stated the information is available on the Isle of Man Government Open Data Planning Application data webpage.
• The response instructed the user to filter an Excel spreadsheet for 'Refused' in column D and 'Approved at Appeal' in column I.
• The request was closed under section 20 of the Freedom of Information Act 2015.

Data Disclosed

• 2024-07-23
• 2024-08-06
• 2023
• 4006917
• 25 July
• 27 July
• 6 August 2024

Exemptions Cited

• Section 20 of the Freedom of Information Act 2015 (Information reasonably accessible)

Original Request

Following a Planning Application Refusal by the Planning Committee, how many Application Refusals are overturned after Independent Assessment on average per year.

Data Tables (1)

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: 4006917 6 August 2024

Dear ###

We write further to your request, received 23 July 2024, which states:

"Following a Planning Application Refusal by the Planning Committee, how many Application Refusals are overturned after Independent Assessment on average per year."

The Department contacted you on 25 July for further clarification regarding the date range of your request. You contacted the Department on 27 July and identified 2023 as the date range of your request.

While our aim is to provide information whenever possible, under section 20 of the Act, we are not required to provide information in response to a request if it is already reasonably accessible to you, whether free of charge or on payment of a fee. All of the information that you have requested is available from the Isle of Man Government Open Data Planning Application data webpage, which is available here: https://www.gov.im/about-the-government/government/open-data/energy-and- environment/planning-application-data/

To offer advice and assistance, the specific information you have requested can be found by scrolling towards the bottom of the webpage and selecting “2023 appeals xls version”, which will provide you with an excel spreadsheet. Once you have accessed the spreadsheet you will need to apply filters and select “Refused” in column D and “Approved at Appeal” in column I.

If required, further information to apply filters in excel can be found here: https://support.microsoft.com/en-us/office/filter-data-in-a-range-or-table-7fbe34f4- 8382-431d-942e-41e9a88f6a96

Please quote the reference number 4006917 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.

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.

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.