Inspector to hold his position

Summary

The request sought specific emails and position statements regarding the Inspector's decisions on public consultation responses and inquiry attendance for the North and West Area Plan. The authority disclosed email correspondence between Andy Johnstone and external parties but the overall request was not upheld, indicating some information was withheld or the request was partially refused.

Key Facts

• The request concerns the Isle of Man Draft Area Plan for the North and West public inquiry.
• Andy Johnstone (CSO) acted as the liaison between the Inspector and external parties like Savage and Chadwick.
• Baccarat Ltd submitted a document on 30 May 2024 regarding a strategic road link from Union Mills to the Strang.
• The Inspector issued Programme v2, which is available on the nwinquiry.gov.im website.
• The final outcome of the FOI request was 'Not upheld' on 28 November 2024.

Data Disclosed

• 3 June 2024
• 04:41
• 25 July 2024
• 4:45pm
• 13 June 2024
• 3:52pm
• 17 May 2024
• 30 May 2024
• 24 July 2024
• 10 October 2024
• 16:08:15
• 14:22:34
• 10:48 AM
• 08:44
• Day 1 Matter 1/1.2
• IM1 3LY
• 603

Original Request

Following on from Freedom of Information request, reference 4020493, please provide the following information: a) On Monday 3 June 2024, 04:41, Mr Andy Johnstone emailed the Inspector of the Area Plan North & West asking Mr Brian Simm (the Inspector) to advise on a specific email correspondence. Please provide the response / advice from the Inspector. b) On Thursday 25 July 2024 at 4:45pm, Mr Andy Johnstone emailed Savage and Chadwich stating the Inspector hold his position that Savage and Chadwick failed to make an initial response to the public consultation in mid 2022. Please provide a copy of the Inspectors position statement / email. c) On Thursday 13 June 2024, 3:52pm, Mr Johnston emailed Savage and Chadwick confirming he would seek the Inspector's decision. Please provide the request to the Inspector and the Inspector's decision. d) On Thursday 25 July 2024, Mr Andy Johnstone emailed Savage and Chadwick confirming correspondence was properly remitted to the Inspector. Please provide a copy of the remittance.

Data Tables (1)

Full Response Text

From: To: Subject: FW: Isle of Man Draft Area Plan for the North and West - Inquiry Programme (V1) Date: 10 October 2024 16:08:15 Attachments: image001.png image002.png image003.png image004.png image006.png     From: Johnstone, Andy (CSO) Sent: Monday, June 17, 2024 9:46 AM To: Subject: FW: Isle of Man Draft Area Plan for the North and West - Inquiry Programme (V1)   Hi Brian   Hope the  trips going well.   from Savage Chadwick has now responded to my email, however he sent it to at the Manx Museum.   Andy     From:

Sent: 13 June 2024 16:59 To: Johnstone, Andy (CSO) Andy.Johnstone@gov.im Cc: Subject: FW: Isle of Man Draft Area Plan for the North and West - Inquiry Programme (V1)   Hi Andy   This was meant for you.   I’ve copied in so he’s aware that I’ve forwarded it to you.   Regards     Manx National Heritage, Eiraght Ashoonagh Vannin Manx Museum, Douglas, Isle of Man, IM1 3LY   Isle of Man Registered Charity No 603     www.manxnationalheritage.im   manxnationalheritage.im/shop    facebook.com/manxnationalheritage    @manxheritage    @manxnationalheritage       From:

Sent: Thursday, June 13, 2024 4:15 PM To: Joyce, Andrew Andrew.Joyce@gov.im;

Subject: RE: Isle of Man Draft Area Plan for the North and West - Inquiry Programme (V1)   Caution: This email is from an external sender. Please take care before opening any attachments or following any links.  Hi Andy   The interest from other Clients is a general interest and feedback. The representation is for Baccarrat Ltd who have previously prosed a strategic road link from Union Mills to the Strang which would alleviate the current traffic issues at Braddan and Quarterbridges referred to in my e mail below. They would like to make the Inspector aware that the National Infrastructure Strategy is part of the general considerations for other planning framework documents which the Proposed Area Plan should have a relationship with (Day 1 Matter 1/1.2)  – and why.   Day 1 Matter 1 Item 1.2 is therefore session I would propose I attend.   The matter should not take long.   Hope this clarifies.   Best Regards       From: Johnstone, Andy (CSO) Andy.Johnstone@gov.im On Behalf Of Joyce, Andrew Sent: Thursday, June 13, 2024 3:52 PM To: Subject: RE: Isle of Man Draft Area Plan for the North and West - Inquiry Programme (V1)   Good afternoon     Thank you for advising that you are representing Baccarat Ltd, you also  mention that other clients have an interest. Is this a general interest or have they submitted registration Forms? The cut-off date for registration was 17 May 2024. “ The Inspector has now issued his Programme v2  which is on the website   https://nwinquiry.gov.im/    Public Inquiry Papers & Core Documents” and can also  be viewed via  https://nwinquiry.gov.im/media/t2ujj3ic/firm-programme- v2.pdf   Thank you for advising that you wish to appear and take part in the round table discussions. I will seek the Inspectors decision on whether he will permit you to do so.  Before I go back to the Inspector,  as previously advised,  I will need to know  which  days you wish to attend on and on what matters you wish to speak. If The Inspector allows you to take part I would advise you to study his guidance notes  on the above website which set out how and when you should submit any position statements.   Kind Regards   Andy

From: To: Subject: FW: Isle of Man Draft Area Plan for the North and West - Inquiry Programme (V1) Date: 10 October 2024 14:22:34 Attachments: 240530 Submission to the Area Plan for the North and West on behalf of Baccarat Ltd.pdf     From: Johnstone, Andy (CSO) Sent: Wednesday, July 24, 2024 10:48 AM To: Subject: FW: Isle of Man Draft Area Plan for the North and West - Inquiry Programme (V1)   Hi Brian   If you get a minute in the break can we have a chat about this .   Andy   From:

Sent: 24 July 2024 08:44 To: Johnstone, Andy (CSO) Andy.Johnstone@gov.im Cc: CO, North and West Area Plan Inquiry NorthandWestAreaPlanInquiry.CO@gov.im Subject: RE: Isle of Man Draft Area Plan for the North and West - Inquiry Programme (V1)   Caution: This email is from an external sender. Please take care before opening any attachments or following any links.  Andy   My Client has asked that the Inspector note   Baccarat has a real issue that their submission accepted by the Inquiry was not publicised, or given the status of an Inquiry document, or publicised in time for other members of the public or interested parties to comment or expand on   The document submitted to you 30/05/2024 was noted a submission – see attached and e mail trail of same date below.   Could you please put this to the Inspector at the beginning of todays session.   Many Thanks

1

Government Office Douglas Isle of Man IM1 3PN Telephone: (+44) 01624 686244
Website: www.gov.im/co

Our ref: 4120034 14 October 2024

Dear ###

We write further to your request, received 11 September 2024, which states:

"Following on from Freedom of Information request, reference 4020493, please provide the following information:

a) On Monday 3 June 2024, 04:41, Mr Andy Johnstone emailed the Inspector of the Area Plan North & West asking Mr Brian Simm (the Inspector) to advise on a specific email correspondence.

Please provide the response / advice from the Inspector.

b) On Thursday 25 July 2024 at 4:45pm, Mr Andy Johnstone emailed Savage and Chadwich stating the Inspector hold his position that Savage and Chadwick failed to make an initial response to the public consultation in mid 2022.

Please provide a copy of the Inspectors position statement / email.

c) On Thursday 13 June 2024, 3:52pm, Mr Johnston emailed Savage and Chadwick confirming he would seek the Inspector's decision.

Please provide the request to the Inspector and the Inspector's decision.

d) On Thursday 25 July 2024, Mr Andy Johnstone emailed Savage and Chadwick confirming correspondence was properly remitted to the Inspector.

Please provide a copy of the remittance."

Please find below answers to the relevant parts of request.

a) On Monday 3 June 2024, 04:41, Mr Andy Johnstone emailed the Inspector of the Area Plan North & West asking Mr Brian Simm (the Inspector) to advise on a specific email correspondence.

Please provide the response / advice from the Inspector.

2 Please find attached information requested in the document entitled Appendix A.

Please note that some of the information within the document has been redacted as it is outwith the scope of your request.

b) On Thursday 25 July 2024 at 4:45pm, Mr Andy Johnstone emailed Savage and Chadwich stating the Inspector hold his position that Savage and Chadwick failed to make an initial response to the public consultation in mid 2022.

Please provide a copy of the Inspectors position statement / email.

Please see attached information requested in the document entitled Appendix B. 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(2)(b) of the Freedom of Information Act 2015 (absolutely exempt personal information). The reasons why that exemption applies are that: • The Cabinet Office is satisfied that the information amounts to personal data of which you are not the data subject; and • The Cabinet Office 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 Cabinet Office 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.

c) On Thursday 13 June 2024, 3:52pm, Mr Johnston emailed Savage and Chadwick confirming he would seek the Inspector's decision.

Please provide the request to the Inspector and the Inspector's decision.

Please find attached information requested in the document entitled Appendix C. This document shows that Mr Johnstone forwarded the request to the Inspector. While our aim is to provide information whenever possible, in this instance the Cabinet Office does not hold the information that you have requested. This is because the decision of the Inspector in response to Mr Johnstone’s email was conveyed to Mr Johnstone by telephone.

d) On Thursday 25 July 2024, Mr Andy Johnstone emailed Savage and Chadwick confirming correspondence was properly remitted to the Inspector.

Please provide a copy of the remittance."

Please find attached information requested in the document entitled Appendix D. This document shows Mr Johnstone’s receipt of the correspondence and his subsequent forwarding of that correspondence on to the Inspector. 3 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 25(2)(b) of the Freedom of Information Act 2015 of the Act (absolutely exempt personal information). The reasons why that exemption applies are that: • The Cabinet Office is satisfied that the information amounts to personal data of which you are not the data subject; and • The Cabinet Office 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 Cabinet Office 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. In addition information that is outwith the scope of your request has been redacted.

Please quote the reference number 4120034 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. 4 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.