Peel Marina

AuthorityDepartment of Infrastructure
Date received2024-10-15
OutcomeNot upheld
Outcome date2024-12-19
Case ID4191053

Summary

The request sought documentation on long-term silt disposal plans for Peel Marina and specific cost data regarding Environmental Impact Assessments (EIAs), transport, and dredging. The Department of Infrastructure refused to compile meeting notes and recordings under section 8(3)(c) but disclosed specific costs for EIA preparation, silt transport, and the overall dredging project.

Key Facts

  • The Department refused to provide meeting notes and voice recordings as compiling them would require substantial effort under section 8(3)(c).
  • Costs for the 2019 EIA were not specifically recorded as they were part of a wider commission, though total consultant invoices up to December 2018 were £13,385.45 + VAT.
  • The external consultant cost for the 2024 Planning Application (including EIA) was £43,886 + VAT.
  • The estimated transport cost for 16,000m3 of sediment to Cross Vein Mine was £90,589.09 + VAT based on 2019 rates.
  • The total cost of the dredging project between April 2018 and March 2023 was £2.993m.

Data Disclosed

  • 2024-10-15
  • 2024-12-19
  • 2026
  • 18/01293/B
  • March 2019
  • Dec 2018
  • £13,385.45
  • 24/00301/B
  • March 2024
  • £43,886
  • 16,000m3
  • £90,589.09
  • April 2018
  • March 2023
  • £2.993m

Exemptions Cited

  • Section 8(3)(c) - Substantial compilation or collation of information

Original Request

The Department's EIA to extend the life of the de-watering lagoon adjacent to Peel Power Station has revealed that the DOI intends to continue to use the de-watering lagoon until 2026 and to dump the existing silt from Peel Marina stored in the lagoon and "fresh" silt from "maintenance dredging" of the Marina, at Snuff the Wind Mine. The EIA makes no mention though of what the DOI's long-term plan is for dealing with the build up and disposal of silt. Please let me have copies of all documentation in whatever form it is held by the Department, including, but not limited to, voice recordings of telephone conversations and notes of meetings and minutes of meetings, in the 2 years preceding the date of this request, which refer to the Department's long-term proposals for the disposal silt from Peel Marina and its proposals to stop the build-up of silt in the Marina and any consideration of building a wall to separate the River Neb from the Marina. Please let me have also - 1. the cost of the preparation of both of the EIAs connected with the de-watering lagoon referred to; and 2. the estimated costs of transporting the silt from the lagoon to "Snuff the Wind"; and 3. the estimated costs of the "maintenance dredging " of the Marina referred to in the EIA; and 4. the total amount expended to date in disposing of silt from the Marina. 5. The additional cost of leasing the field in which the dredged material from the Marina is currently "de-watering" until 2026.

Data Tables (1)

Data Tables (reformatted)

Request Item Response / Data Provided
1. Cost of preparation of both EIAs connected with the de-watering lagoon
  • Planning Application 18/01293/B (March 2019): External consultant costs not specifically recorded (part of wider commission). Total invoices for all work up to Dec 2018: £13,385.45 + VAT. Department officers' time not recorded.
  • Planning Application 24/00301/B (March 2024): External consultants' costs (including EIA): £43,886 + VAT.
2. Estimated costs of transporting silt from the lagoon to "Snuff the Wind" Estimated transport cost (at 2019 rates) for 16,000m³ of dewatered dredged sediment from Peel lagoon to Cross Vein Mine: £90,589.09 + VAT.
3. Estimated costs of "maintenance dredging" of the Marina
  • Total cost of dredging project (including professional fees, land lease, contractor, and operations) between April 2018 and March 2023: £2.993m.
  • Breakdown for 2020 and 2021 dredging separately: Not possible.
  • Cost estimate for 2026 maintenance dredging: Not developed.
4. Total amount expended to date in disposing of silt from the Marina The material dredged from the marina in 2020 and 2021 has not yet been disposed of; it is currently in storage in the dewatering lagoon.
5. Additional cost of leasing the field for de-watering until 2026 Exempt from disclosure under section 30(2)(b) of the Act. Disclosure would likely prejudice commercial interests regarding an ongoing arrangement with a private individual.

Full Response Text

Department of Infrastructure Sea Terminal Building, Douglas, Isle of Man, IM1 2RF

Contact: FOI Response Team Telephone: (01624) 686785 Email: dpo-doi@gov.im

Our ref: 4191053 5 November 2024

Dear ###

We write further to your request, received 15 October 2024, which states:

"The Department's EIA to extend the life of the de-watering lagoon adjacent to Peel Power Station has revealed that the DOI intends to continue to use the de-watering lagoon until 2026 and to dump the existing silt from Peel Marina stored in the lagoon and "fresh" silt from "maintenance dredging" of the Marina, at Snuff the Wind Mine. The EIA makes no mention though of what the DOI's long-term plan is for dealing with the build up and disposal of silt.

Please let me have copies of all documentation in whatever form it is held by the Department, including, but not limited to, voice recordings of telephone conversations and notes of meetings and minutes of meetings, in the 2 years preceding the date of this request, which refer to the Department's long-term proposals for the disposal silt from Peel Marina and its proposals to stop the build-up of silt in the Marina and any consideration of building a wall to separate the River Neb from the Marina.

Please let me have also -

  1. the cost of the preparation of both of the EIAs connected with the de-watering lagoon referred to; and

  2. the estimated costs of transporting the silt from the lagoon to "Snuff the Wind"; and

  3. the estimated costs of the "maintenance dredging " of the Marina referred to in the EIA; and

  4. the total amount expended to date in disposing of silt from the Marina.

  5. The additional cost of leasing the field in which the dredged material from the Marina is currently "de-watering" until 2026."

I have detailed the information that is being released to you below.

Please let me have copies of all documentation in whatever form it is held by the Department, including, but not limited to, voice recordings of

telephone conversations and notes of meetings and minutes of meetings, in the 2 years preceding the date of this request, which refer to the Department's long-term proposals for the disposal silt from Peel Marina and its proposals to stop the build-up of silt in the Marina and any consideration of building a wall to separate the River Neb from the Marina.

While our aim is to provide information whenever possible, in this instance, complying with your request for information would require the Department of Infrastructure to undertake substantial compilation or collation of information that it holds. Under section 8 (3) (c) we are not required to do so.

Please let me have also -

  1. the cost of the preparation of both of the EIAs connected with the de- watering lagoon referred to; and The external consultant’s costs for preparing the EIA for Planning Application 18/01293/B (granted March 2019) are not specifically recorded, as it was part of a wider commission to develop the dredging project, of which the planning application for the lagoon formed only a small part and the EIA only a proportion of the Planning Application.

(The value of invoices for all the work undertaken by the consultant up to the time the Planning Application was submitted (Dec 2018) is £13,385.45 + VAT. Department officers time is not recorded)

The external consultants’ costs for preparing the Planning Application 24/00301/B (including the EIA) which was submitted March 2024 was £43,886 + VAT.

  1. the estimated costs of transporting the silt from the lagoon to "Snuff the Wind"; and

The estimated transport cost (at 2019 rates) for transporting 16,000m3 of dewatered dredged sediment from Peel lagoon to Cross Vein Mine was £90,589.09 + VAT.

  1. the estimated costs of the "maintenance dredging " of the Marina referred to in the EIA; and

Cost of the dredging project (including professional fees, land lease, contractor constructing the lagoon and dredging operations) between April 2018 and March 2023 is £2.993m. It is not possible to break this down further to separate out the cost of the 2020 dredging and 2021 dredging.
A cost estimate for the maintenance dredging in 2026 has not been developed.

  1. the total amount expended to date in disposing of silt from the Marina.

The material dredged from the marina in 2020 and 2021 has not yet been disposed of, as it is currently in storage in the dewatering lagoon.

  1. The additional cost of leasing the field in which the dredged material from the Marina is currently "de-watering" until 2026.

While our aim is to provide information whenever possible, in this instance the information is exempt from disclosure under section 30(2)(b) of the Act as its disclosure would be likely to prejudice the commercial interests of a person (including the public authority holding it).

This is commercially sensitive information which would be likely to prejudice the Department of Infrastructure's ongoing arrangement with a private individual. As section 30 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 • There is public interest for this information
• The need to hold the Department of Infrastructure to account for their stewardship of public resources

Factors in favour of withholding • The need to protect the commercial interest of the public sector, whose commercially related functions need, in any event, to be exercised in the wider context of the public interest
• It is an ongoing matter within the current financial year

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

Please quote the reference number 4191053 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.