Planning Application 13/91461/B, aka former Ramsey gasworks site

Summary

A resident requested the complete planning file for the former Ramsey gasworks site to investigate unfulfilled planning conditions, but the Department of Environment, Food and Agriculture refused to send documents, citing that the information is already reasonably accessible via their website or public archives.

Key Facts

• The request concerns Planning Application 13/91461/B for a Haven Homes development of 30 new homes.
• Planning consent was granted on 22 July 2014 with conditions that the applicant claims have not been complied with.
• The authority refused to send the file, stating information is already reasonably accessible under section 20(2)(a) of the Act.
• Applicants are directed to view documents online or inspect them in person at Murray House in Douglas.
• The request was formally closed on 5 December 2024.

Data Disclosed

• 4273162
• 13/91461/B
• 30
• 6 December 2013
• 22 July 2014
• 2024-11-22
• 2024-12-05
• section 20(2)(a)
• 9am to 3pm
• IM1 2SF

Exemptions Cited

• Section 20(2)(a) of the Freedom of Information Act 2015 (Information reasonably accessible)

Original Request

I am applying for disclosure of the complete planning file for PA 13/91461/B The guidance notes for Freedom of Information requests state 'You do not have to inform us why you want the information'. Nevertheless, I would like to explain why I want the information as this may assist in making a decision to grant the request. I am a resident of **, off North Shore Road in Ramsey, a Haven Homes development of 30 new homes which is the subject of the above planning application. Planning consent was applied for on 6 December 2013 and granted, with conditions, on 22 July 2014. The conditions of the original planning consent have not been complied with, particularly in respect of the landscaping in the common or public areas, and this appears to be preventing the handover of the site to Ramsey Town Commissioners. I have approached the developer (Haven Homes), the Planning Department and Ramsey Town Commissioners to try to establish what is preventing the handover of the site and why the planning conditions have not been complied with, but none of them have been able or willing to comment or to provide any further information. Possible reasons include: the developer is in default of the planning conditions, the Planning Department has failed to supervise and/or enforce the conditions adequately, and/or the planning conditions which were agreed to in public have been waived in private. Whatever the reason, this is a matter of legitimate public concern. I am therefore asking for disclosure of the complete planning file so that I can establish what has happened. I understand that the file may contain hundreds of documents, and in order to minimise any inconvenience and expense to the Planning Department, I am willing to accept the file in any convenient form, for example, on removable electronic media (which I am willing to supply) or inspection of the documents at the Planning Department offices. Some of the documents are already publicly available on the Planning Applications website. However, these are mostly the documents between December 2013 (the planning application) and July 2014 (the planning consent) and they are not the complete file.

Data Tables (1)

Data Tables (reformatted)

Full Response Text

Some of the documents are already publicly available on the Planning Applications website. However, these are mostly the documents between December 2013 (the planning application) and July 2014 (the planning consent) and they are not the complete file." While our aim is to provide information whenever possible, under section 20(2)(a) 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. Some of the information that you have requested is available on the Planning Applications website which can be found here: https://pbc.gov.im/online-applications/ and all additional information can be found in public libraries or archives from the Planning and Building Control office at: Planning & Building Control Directorate Department of Environment, Food & Agriculture First Floor Murray House Mount Havelock Douglas Isle of Man IM1 2SF Please note that the counter hours are as follows: Monday: 9am to 3pm Tuesday: 9am to 3pm Wednesday: Counter Closed Thursday: Counter Closed Friday: 9am to 3pm
Please quote the reference number 4273162 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.