Information held between 10-11 and 12 West Quay

Summary

A request was made for demolition order correspondence regarding a party wall between 10-11 and 12 West Quay from 2021 to the present. The Department of Environment, Food and Agriculture released some information but withheld the rest due to personal data exemptions and an ongoing planning enforcement investigation.

Key Facts

• The request was received on 2024-09-03 and clarified on 2024-09-24.
• The response letter was dated 06 November 2024.
• Some information was withheld as absolutely exempt personal data under section 25(b)(i)&(ii).
• Other information was withheld under section 31(1)(b) due to an ongoing investigation that may lead to criminal proceedings.
• The Department confirmed there is currently an active enforcement investigation for the site.

Data Disclosed

• 2024-09-03
• 2024-09-24
• 06 November 2024
• 2021
• 4100097
• 10-11 West Quay
• 12 West Quay
• Section 25
• Section 31(1)(b)
• Article 5
• Article 6
• Town and Country Planning Act 1999

Exemptions Cited

• Section 25(b)(i)&(ii) - Absolutely exempt personal information
• Section 31(1)(b) - Investigations and legal proceedings

Original Request

Please provide all demolition order correspondence from 2021 to the present date for the party wall between  10-11 West Quay and 12 West Quay. 

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: 4100097 06 November 2024

Dear ###

We write further to your request, received 3 September 2024 and clarified on 24 September 2024, which states:

"Please provide all demolition order correspondence from 2021 to the present date for the party wall between 10-11 West Quay and 12 West Quay."

Our response to your request is as follows:

I have enclosed copies of the information being released to you.

s25(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. 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 pursuant to the Data Protection (Application of GDPR) Order 2018, namely 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 6 and in this case, none of those conditions have been met.

S31(1)(b) Investigations and legal proceedings While our aim is to provide information whenever possible, in this instance the information is exempt from disclosure pursuant to section 31(1) of the Act as it is information held by the Department for the purpose of an investigation, conducted by the Department, that in the circumstances may lead to criminal proceedings being instituted.

As section 31 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 • Openness and transparency
• Promoting public understanding of processes
• Upholding standards of integrity
• Subject to outcome, information would likely be available following completion of investigation

Factors in favour of withholding
• Planning enforcement investigation ongoing under Part 2, 3, 4 and 7 of the Town and Country Planning Act 1999 • Information should remain protected during the investigation stage
• The outcome of the investigation or proceedings will be at risk
• Outcome of the investigation may lead to criminal proceedings being instituted

In taking these factors into account the Department determined that the factors in favour of maintaining the exemption outweigh the factors in favour of disclosing the information.

To offer advice and assistance, the Department confirm there is currently an active enforcement investigation for this site.

All planning applications are available via our website, which can be found here: https://services.gov.im/planningapplication/services/planning/search.iom

Please quote the reference number 4100097 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.