Major Planning Application Process

Summary

A request was made for documents and case officer details regarding the MUAs onshore windfarm planning application. The Department of Environment, Food and Agriculture released some correspondence but withheld personal data, internal meeting notes, and officer qualifications citing specific exemptions.

Key Facts

• The request concerned the MUAs onshore windfarm Major Planning Application (MAP).
• A large volume of correspondence was printed and held in a lever arch file for collection or delivery.
• Some pre-application advice is publicly available on the Manx Utilities and government websites.
• Personal information regarding the case officer was withheld under absolute exemption.
• Internal meeting notes were withheld to protect the effective conduct of public business.

Data Disclosed

• 2024-07-24
• 2024-09-03
• 4010266
• 0900
• 1700
• Section 20
• Section 25(b)(i)&(ii)
• Section 35(c)
• Section 41(a)(b)&(c)
• Article 5
• IM4 3AS

Exemptions Cited

• Section 20: Information accessible to applicant by other means
• Section 25(b)(i)&(ii): Absolutely exempt personal information
• Section 35(c): Conduct of Public Business
• Section 41(a)(b)&(c): Information for future publication

Original Request

"Please provide a copy of the Initial Advice and all correspondence and meeting notes both in written and electronic form re the MUAs onshore windfarm MAP application. Please provide name and qualifications of the assigned case officer."

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: 4010266 03 September 2024

Dear ###

We write further to your request, received 24 July 2024, which states:

"Please provide a copy of the Initial Advice and all correspondence and meeting notes both in written and electronic form re the MUAs onshore windfarm MAP application.

Please provide name and qualifications of the assigned case officer."

Your request for information held by the Department produced a large volume of correspondence. This correspondence has been printed and is held in a lever arch file at Thie Slieau Whallian for your attention. The file can either be collected at Thie Slieau Whallian between 0900 and 1700, Monday to Friday, or I can arrange for it to be hand delivered to your home address at a time and date to suit you.

Can I politely ask that you contact the Department at your convenience so that I can arrange for you to receive your request.

For ease the Department has numbered your request into questions, as below:

Question one Please provide a copy of the Initial Advice and all correspondence and meeting notes both in written and electronic form re the MUAs onshore windfarm MAP application.

Our response to your request is as follows: I have enclosed copies of the information being released to you.

Section 20 Information accessible to applicant by other means 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. Some of the information that you have requested regarding the pre-app advice can be found here:

https://www.manxutilities.im/energy-transition/wind/reports/

https://www.gov.im/categories/planning-and-building- control/news/?altTemplate=ViewCategorisedNews&id=170499

Section 25(b)(i)&(ii) Absolutely exempt personal information 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 reasons why that exemption applies are that:

• The Department of Environment Food and Agriculture is satisfied that the information amounts to personal data of which you are not the data subject; and

• The Department of Environment Food and Agriculture is satisfied that disclosure of the information would contravene one of the data protection principles as set out at Article 5 of the General Data Protection Regulation as it applies in the Isle of Man that the Department of Environment Food and Agriculture can only disclose the information where it would be fair, lawful and meet one of the conditions for lawful processing in Article and in this case, none of those conditions have been met.

Section 35(c) Conduct of Public Business – The effective conduct of public business While our aim is to provide information whenever possible, in this instance the information is exempt under section 35 of the Act, as disclosure would be likely to prejudice the effective conduct of public business. The Department is satisfied that the disclosure of the information could have an adverse effect on the ability of an authority to offer an effective public service or to meet its wider objectives or purpose.

As section 35 is a qualified exemption, it is subject to a public interest test. The public interest must be something that is of serious concern and benefit to the public at large.

Factors in favour of disclosure • Open and transparent use of public money • Inform the public debate on important matters • Increased confidence in the decision making process • There is an expectation that the public have the right of access to information held by the Department

Factors in favour of withholding • It is essential that public authorities have a safe space in which to develop ideas and make decisions
• Disclosure of this information may prejudice the Departments ability to undertake free and frank discussions
• Disclosure may affect the Departments ability to consult and work with the public in the future
• Disclosure may affect the performance of core functions
• Disclosure may not be in the public interest

In taking these factors into account the Department of Environment, Food and Agriculture determined that the factors in favour of maintaining the exemption outweigh the factors in favour of disclosing the information.

Question two Please provide name and qualifications of the assigned case officer.

Section 41(a)(b)&(c) Information for future publication While our aim is to provide information whenever possible, in this instance the information is exempt from disclosure under section 41 of the Act as it is held with a view to being published at a future date and in all the circumstances it is reasonable that the information be withheld from disclosure until that time.

By way of advice and assistance the information held by the Department will be published on the Isle of Man Government Planning Applications webpage. In all the circumstances it is reasonable that the information be withheld from disclosure until that time.

Information regarding Planning Applications can be found here: https://services.gov.im/planning

As section 41 is a qualified exemption, it is subject to a public interest test. The public interest must be something that is of serious concern and benefit to the public at large.

Factors in favour of disclosure:
• Open and transparent
• There is an expectation that the public have the right of access to information held by the Department

Factors in favour of withholding:
• Premature disclosure in response to an FOI request may be unfair to an officer • The public authority can choose to release the information at the time of its choosing • Information will be published as part of the Planning Application process

In taking these factors into account the Department of Environment, Food and Agriculture determined that the factors in favour of maintaining the exemption outweigh the factors in favour of disclosing the information.

Section 25(b)(i)&(ii) Absolutely exempt personal information 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 reasons why that exemption applies are that:

• The Department of Environment Food and Agriculture is satisfied that the information amounts to personal data of which you are not the data subject; and

• The Department of Environment Food and Agriculture is satisfied that disclosure of the information would contravene one of the data protection principles as set out at Article 5 of the General Data Protection Regulation as it applies in the Isle of Man that the Department of Environment Food and Agriculture can only disclose the information where it would be fair, lawful and meet one of the

conditions for lawful processing in Article and in this case, none of those conditions have been met.

Please quote the reference number 4010266 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.

Freedom of Information Coordinator