Residential visual amenity assessment and noise sensitive receptors

Summary

The requester asked for a Residential Amenity Assessment and related correspondence regarding the Earystane & Scard proposed windfarm. The Manx Utilities Authority refused to fulfill the request because the applicant failed to provide necessary clarification on the specific documents and guidelines sought.

Key Facts

• The request was made on 2024-08-05 and closed on 2024-09-06.
• The authority sent clarification requests on 2024-08-19 and 2024-08-22 which were not answered.
• The refusal was based on Section 11(2)(c) of the Freedom of Information Act 2015 due to failure to clarify the request.
• The project is in early stages with finalised plans yet to be made.
• A Landscape Visual Impact Assessment (LVIA) is being conducted by a third party as part of the Environmental Impact Assessment (EIA).
• The authority directed the requester to review the DEFA Scoping opinion, specifically Chapter 8 (Landscape and Visual) and Chapter 11 (Noise and Vibration).

Data Disclosed

• 2024-08-05
• 2024-09-06
• 2024-08-19
• 2024-08-22
• 4037342
• Chapter 8
• Chapter 11
• S11(2)(c)

Exemptions Cited

• Section 11(2)(c) of the Freedom of Information Act 2015 (failure to clarify request)

Original Request

Please supply a copy of the Residential Amenity Assessment for the Earystane & Scard proposed windfarm- Visuals, and Noise Sensitive Receptors inc separation distances from each of the turbines. In addition please supply all correspondence, electronic, paper, notes, meetings etc relating to these matters.

Data Tables (1)

Full Response Text

Manx Utilities PO Box 177, Douglas Isle of Man, IM99 1PS

e: enquiries@manxutilities.im t: 01624 687687 www.manxutilities.im

Our ref: 4037342 06 September 2024

Dear ###

This request is being handled under the Freedom of Information Act 2015.

We write further to your request dated 5 August 2024 and which states:

"Please supply a copy of the Residential Amenity Assessment for the Earystane & Scard proposed windfarm- Visuals, and Noise Sensitive Receptors inc separation distances from each of the turbines. In addition please supply all correspondence, electronic, paper, notes, meetings etc relating to these matters."

We wrote to you on the 19 August 2024 and again on the 22 August requesting clarification of the information sought however, you did not provide the clarification as requested.

As a result of the lack of clarification we are unable to proceed further with your request at this time under S11(2)(c) of the Freedom of Information Act 2015 (failure to clarify request). This is because we required explanation and further detail as to what is meant by the ‘Residential Amenity Assessment’ and where this has been provided previously (which has not been supplied) nor have you clarified the ‘standard practice’ or ‘best practice’ guidelines to which you refer in your subsequent response.

We take this opportunity to explain that, whilst we appreciate the need for clarity of a request may seem frustrating; we are obliged to do so under the Act. This is to ensure any request is for information we hold and is capable of subsequent reference.

To provide advice and assistance may we remind you that we are still in the early stages of this project, with finalised plans yet to be made. Our website does try to provide as much detail as possible given the current position https://www.manxutilities.im/energy-transition/wind/onshore-wind-faqs/ content will be updated as the project progresses.

A Landscape Visual Impact Assessment (LVIA) is a formal stage of the Environmental Impact Assessment (EIA) which is being undertaken by a third party on behalf of Manx Utilities. Any surveys forming part of our EIA will be published alongside the Environmental Statement on completion of the EIA process.

We recommend that you review the Scoping opinion for Environmental Impact Assessment/Environmental Statement report made public by DEFA, see Chapter 8

Landscape and Visual and Chapter 11 Noise and Vibration. When completed and appropriate to do so, updates on any EIA outcomes are likely to be made available on the website Manx Utilities - Reports, and a roadmap of deliverables is available on our website at https://www.manxutilities.im/energy-transition/wind/onshore-wind/ which you may find useful. Should you wish to submit a fresh request in simplified terms, with clarity or clearly describing the information you are looking for we will be able to consider your request and respond accordingly. Please complete and submit the required form available on our website at www.gov.im/about-the-government/freedom-of-information/make-a- freedom-of-information-request/. Please quote the reference number 4037342 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.