Earystane Quarry

Summary

A request for lease details, production figures, financial reports, and planning permissions for Earystane Quarry was partially fulfilled, with some information directed to public websites and other details withheld due to commercial and public business exemptions.

Key Facts

• No tender process has started for the quarry as the current tenant remains in situ.
• The Department is considering future options due to operator difficulties in accessing the quarry.
• Production figures are available via Annual Monitoring Reports on the government website.
• Financial revenue details were withheld to protect commercial interests.
• Specific access limitation details were withheld to protect the effective conduct of public business.

Data Disclosed

• 2024-11-05
• 2024-12-13
• 4240105
• 10 years
• Section 20
• Section 30(2)(b)
• Section 35(c)

Exemptions Cited

• Section 20 – Information accessible to applicant by other means
• Section 30(2)(b) – Economy and commercial interests
• Section 35(c) – Conduct of Public Business

Original Request

Please supply confirmation of the lease expiry and any plans for the tender process or lease renewal requirements. Average production figures and financial reports for the past 10 years, including details on revenue sources. Current planning permissions, access limitations, and any discussions around increasing annual tonnage or extending quarry boundaries. Records of any third-party interest or inquiries regarding future operations.

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: 4240105 13 December 2024

Dear ###

We write further to your request, received 5 November 2024, which states:

Earystane Quarry

Please supply confirmation of the lease expiry and any plans for the tender process or lease renewal requirements.

Average production figures and financial reports for the past 10 years, including details on revenue sources.

Current planning permissions, access limitations, and any discussions around increasing annual tonnage or extending quarry boundaries. Records of any third-party interest or inquiries regarding future operations.

Our response to your request is as follows:

1. Please supply confirmation of the lease expiry and any plans for the tender process or lease renewal requirements

Due to difficulties by the operator in accessing the quarry, we are considering future options. No procurement process has started on the site as the current tenant is still in situ.

2a. Average production figures and financial reports for the past 10 years

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.

To offer advice and assistance, the information that you have requested regarding extraction records is available via the Annual Monitoring Reports that are available on Isle of Man Government - Minerals and Waste Planning webpage: https://pabc.gov.im/

2b. Details on revenue sources

Section 30(2)(b) – Economy and commercial interests
While our aim is to provide information whenever possible, in this instance the information is exempt from disclosure under section 30 of the Act as disclosure would be likely to prejudice the commercial interests of the Department.

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
• Open and transparent use of public funds

Factors in favour of withholding
• It is not in the public interest to disclose information that would likely result in increasing Government expenditure
• Releasing exact costs of a specific contract could prejudice competition for future contracts
• There is limited general public interest in the information

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.

3a. Current planning permissions

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.

To offer advice and assistance, information regarding current planning applications are available on the Planning Applications website here: https://services.gov.im/planning-applications/

3b. Access limitations The Department can confirm there are some current access issues to the quarry.

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.

3c. Discussions around increasing annual tonnage or extending quarry boundaries.

While our aim is to provide information whenever possible, in this instance the public authority does not hold or cannot, after taking reasonable steps to do so, find the information that you have requested. This is because the Department has not received any formal requests to consider allowing an increase in annual tonnage or extending the quarry boundary.

3d. Records of any third-party interest or inquiries regarding future operations.

Section 35(c) – Conduct of public business
While our aim is to provide information whenever possible, in this instance some of the information is exempt from disclosure under section 35(c) of the Act, Conduct of public business. The Department is satisfied that the disclosure of the information would likely prejudice the conduct of public business. In particular, in this instance, we are satisfied that disclosure 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 concerns 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 all 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
• 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.

Please quote the reference number 4240105 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.

Yours sincerely