Ocean Castle Port Erin - Island Infrastructure Money

Summary

The request sought details on funding applications by Ocean Castle Limited for a Port Erin development, but the authority clarified that no such application was made by that entity. While confirming a separate application by the Tevir Group, the Department for Enterprise withheld specific cost details citing commercial interest exemptions.

Key Facts

• Ocean Castle Limited has not sought any financial assistance from the Island Infrastructure Scheme.
• The Tevir Group submitted an application for a prospective development on the former Ocean Castle site in Port Erin.
• The Department applied a qualified exemption under Section 30(2)(b) of the Freedom of Information Act 2015.
• The public interest test concluded that maintaining the exemption outweighs the benefits of disclosure to protect economic growth.
• Disclosure of specific costs could render the development unviable by adversely impacting potential investors.

Data Disclosed

• 10%
• 2024-12-11
• 2024-12-24
• 4313133
• 3977533
• 31 July 2024

Exemptions Cited

• Section 30(2)(b) of the Freedom of Information Act 2015 (Commercial Interests)

Original Request

Please advise how much money has been requested by Ocean Castle Limited from the Department of Enterprise Island Infrastructure Scheme to build Luxury apartments on Port Erin headland, and under the scheme what specific costs of the development have been sought?

Data Tables (1)

Full Response Text

Freedom of Information Co-ordinator 1st Floor, St Georges Court Upper Church Street, Douglas Isle of Man IM1 1EX

Telephone: (01624 686400) Website: https://www.iomdfenterprise.im/

Our ref: 4313133 24 December 2024

Dear ###,

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

"Please advise how much money has been requested by Ocean Castle Limited from the Department of Enterprise Island Infrastructure Scheme to build Luxury apartments on Port Erin headland, and under the scheme what specific costs of the development have been sought?"

Our response to your request is as follows:

No financial assistance has been sought by Ocean Castle Limited (OCL). However, in order to be of assistance, as widely publicly reported, the Tevir Group did make an application to the Island Infrastructure Scheme in respect of a prospective development on the former Ocean Castle site in Port Erin. Information already published, including a previous Freedom of Information response (ref: 3977533 dated 31 July 2024), outlines that up to 10% of eligible costs (excluding land) may be approved for this type of development.

Please see: https://www.iomdfenterprise.im/media/vwqbpwyy/island-infrastructure- scheme-guidance-round-3-july-24.pdf

The Department, therefore, has reviewed your request on the basis of it being relevant to the application by the Tevir Group and in doing so considers that the application of a qualified exemption under Section 30 (2) (b) of the Act would apply as release would or would be likely to prejudice the commercial interests of a person.

Assessment of s30 (2) (b) – Commercial Interest

In applying the exemption, the Department has considered if the information is disclosed would or would it be likely to otherwise prejudice the commercial interests of a person, determining:

• That disclosure could have an adverse effect on the ability of the person to participate competitively in a commercial activity.

• There would be damage to the reputation of the business and to the reputation of business confidence in Government in releasing this information.

Prejudice

As disclosure under the Act is a disclosure to the world rather than a disclosure to the individual requestor and it is acknowledged that this information could be reproduced and disseminated once published, if this information were to be published it could influence the commercial interests of the businesses and business confidence in Government. It is likely that disclosure at this stage would be likely to adversely impact potential investors into any of the developments, thereby rendering the development unviable.

Public Interest test

Factors in favour of disclosure:

• Increased confidence in the decision-making process which will increase trust in Government.

• Promotes transparency and accountability of public authorities, greater public awareness and understanding.

Factors in favour of maintaining the exemption:

• To avoid harm to the economic environment. This is considered a heavy weighting given the specific assessments linked above.

• Disclosure would adversely affect the reputation of Government.

• Disclosure of the details of the applicants at this stage pose a real risk that the developments would not go ahead. The Island Infrastructure Scheme aims to contribute to the delivery of the aims of the Isle of Man Economic Strategy and support long-term economic growth and increase the Island’s annual revenue. Should developments not proceed due to the release of information which harms their commercial interest, this would also cause harm to our growth plans and curtail any economic benefits of the applications under the Island Infrastructure Scheme.

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

Please quote the reference number 4313133 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.

This response took one hour to complete.