Alleged breach of planning control

Summary

A request was made for the original complaint letter regarding an alleged planning breach at 2 Windsor Road, but the Department of Environment, Food and Agriculture refused to disclose it.

Key Facts

• The request concerned an alleged breach of planning control at 2 Windsor Road.
• The specific planning reference number is 25/00079/CUD.
• The authority determined that the information is exempt from disclosure.
• The exemption is based on the ongoing nature of the investigation which may lead to criminal proceedings.
• The requester was informed of their right to an internal review or appeal to the Information Commissioner.

Data Disclosed

• 4693133
• 25/00079/CUD
• 2 Windsor Road
• 2025-05-28
• 2025-06-25
• Section 31(1)(b)
• Part 4 of the Town and Country Planning Act 1999
• Freedom of Information Act 2015

Exemptions Cited

• Section 31(1)(b) – Investigations and Legal Proceedings

Original Request

I am writing to request, under the Freedom of Information Act, a copy of the complaint letter that led to the investigation of an alleged breach of planning at 2 Windsor Road, reference number 25/00079/CUD. I would be grateful if you could provide a copy of the original complaint. If this information is held but considered exempt, please provide the grounds for exemption, as well as any advice and assistance you can offer under section 16 of the FOI Act. Please confirm receipt of this request and let me know if any further information is needed.

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: 4693133 25 June 2025

Dear ###

We write further to your request, received 28 May 2025, which states:

"I am writing to request, under the Freedom of Information Act, a copy of the complaint letter that led to the investigation of an alleged breach of planning at 2 Windsor Road, reference number 25/00079/CUD.

I would be grateful if you could provide a copy of the original complaint.

If this information is held but considered exempt, please provide the grounds for exemption, as well as any advice and assistance you can offer under section 16 of the FOI Act.

Please confirm receipt of this request and let me know if any further information is needed."

Section 31(1)(b) – Investigations and Legal Proceedings
While our aim is to provide information whenever possible, in this instance the information is exempt from disclosure pursuant to section 31(1) of the Act as it is information held by the Department of Environment, Food and Agriculture for the purposes of an investigation, conducted by the Department of Environment, Food and Agriculture, that in the circumstances may lead to criminal proceedings being instituted.

Factors in favour of disclosure • Openness and transparency
• Promoting public understanding of processes
• Upholding standards of integrity
• Subject to outcome, information would likely be available following completion of investigation

Factors in favour of withholding • Planning enforcement investigation ongoing under Part 4 of the Town and Country Planning Act 1999
• Information should remain protected during investigation stage
• The outcome of the investigation or proceedings will be at risk

• Outcome of investigation may lead to criminal proceedings being instituted
• Subject to outcome, information would likely be available to requester following completion of investigation

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 4693133 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.