Inspectors Report AP25/0003

Authority	Department of Environment, Food and Agriculture
Date received	2025-08-27
Outcome	Upheld - partial
Outcome date	2025-11-27
Case ID	4897289

Summary

The request sought details on the circulation and ministerial powers regarding Planning Appeal AP25/0003, but the response primarily disclosed correspondence concerning a different appeal (PA 24/00713/A) where an MHK questioned the release of a Strategic Reserve Site.

Key Facts

The FOI case outcome was 'Upheld - partial' on 2025-11-27.
The response includes an email from Rob Callister MHK questioning the decision on PA 24/00713/A at Trollaby Lane, Union Mills.
Callister argues that Strategic Reserve Sites should not be released until the Isle of Man population exceeds 89,000.
The Planning Committee originally rejected the application due to lack of demonstrated need and failure to comply with Development Brief requirements.
The email suggests Mr Hooper MHK may have 'rubber-stamped' the Independent Planning Inspector's recommendation without considering wider implications.

Data Disclosed

AP25/0003
PA 24/00713/A
26 June 2025
13 August 2025
18 August 2025
2nd October 2019
89,000
Area Plan for the East 2020
Isle of Man Strategic Plan 2016
Class 3 agricultural soils

Original Request

A Report to Planning Appeal AP25/0003 dated 26 June 2025 was received by the minister. a) Please provide all information to the method of circulation of this Report, who the Report was circulated to and any correspondence received as a result of that circulation. b) Please provide a copy of the Ministers delegated powers and any documentation accompanying this Report when handed to DEFA member L Hooper MHK.

Data Tables (1)

Full Response Text

From: To: Subject: Date: Attachments: REDACTED REDACTE @dandara com Planning Appeal decision - PA 24/00713/A 13 August 2025 16:42:00 2400713A Inspectors Report pdf 2400713A Appeal Decision I etter and Notice pdf iroaoeQQJ pno Good afternoon, Please see attached Planning appeal decision in relation to the above application. A hard copy will follow by post. Kind Regards Thank you and Kind Regards REDACTED REDACTED oepan:ment or 1::nv1ronment, ooa ana Agncu1tare Thie Slieau Whallian Foxdale Road St John's Isle of Man IM4 3AS Tel: O 1 oAcTED' E-mail: CTED@gov.im A specia p ace or people and nature' From: Callister, Rob Rob.Callister@gov.im Sent: 18 August 2025 08:04 To: Cowsill, Tim (DEFA) Tim.Cowsill2@gov.im Cc: Cannan, Alfred Alfred.Cannan@gov.im; Lewin, Mark (ICEO) Mark.Lewin2@gov.im; Chance, Jennifer Jennifer.Chance@gov.im; Barber, Clare clare.barber@gov.im; Butler, Steve (DEFA) stevebutlerDEFA@gov.im Subject: PA 24/00713/A – Trollaby Lane, Union Mills Morning Tim, PA 24/00713/A – Trollaby Lane, Union Mills Thank you for your letter dated 13th August 2025. I had hoped to discuss this matter with the Chief Minister on Friday, but I believe it may be more effective to put my thoughts in writing. This correspondence is being sent in my capacity as a Constituency MHK, as I have a clearly declared interest in the Area Plan for the East - particularly regarding a large Strategic Reserve Site in Onchan, which is not intended to be released until the Island’s population reaches at least 89,000. Personally, I am now left questioning the value of the inquiry into the draft Area Plan for the East, especially paragraph 223 of the final report dated 2nd October 2019 by Michael Hurley, which states: “A Strategic Reserve Site is land which may be suitable for residential development, REDACTED but which will be held ‘in reserve’ until the need for such development has been established. Strategic Reserve Sites will not be released for development until the population of the Isle of Man exceeds 89,000. The identification of Reserve Sites in this Plan allows for flexibility in land supply, should it be found that additional land is necessary. This accords with the ‘plan, monitor and manage’ approach identified in the Isle of Man Strategic Plan; and is necessary to ensure that the Plan can react to changing circumstances. The status of Strategic Reserve Sites will be reconsidered when the development plan is next reviewed.” I have personally overseen various appeals on behalf of the DEFA Minister in the past, and I did not always accept the final recommendation of the independent inspector. In my opinion, the weight of legislation, regulations, and various Tynwald directions is very clear regarding how Strategic Reserve Sites should be released. It appears, on the surface, that Mr Hooper MHK, as the political member representing the Department, has simply rubber-stamped the recommendation of the Independent Planning Inspector without considering the wider implications this decision may have on other Strategic Reserve Sites. Does this decision now open the door for other Strategic Reserve Sites across the East of the Island to be challenged? It has also placed the Planning Committee and Planning Officers in a difficult position. The Committee considered this application back in January and supported the officers’ recommendation to reject it for the following reasons: R1. While the site is designated as a "Strategic Reserve" under the Area Plan for the East 2020, it is to be held in reserve until the need for development is established. No such need has been demonstrated, and Strategic Reserve Release Mechanism Proposal 1 has not been commenced by the Cabinet Office. The site is neither within a settlement boundary nor designated for development at this time. Therefore, the proposal constitutes unwarranted development in the countryside and is contrary to the Area Plan for the East 2020, Environment Policy 1, General Policy 3, Strategic Policy 2, and Housing Policy 4 of the Isle of Man Strategic Plan 2016. R2. The application fails to comply with the Development Brief requirements outlined in the Area Plan for the East, including the submission of a travel plan, ensuring no net loss of biodiversity, and the need for an Environmental Impact Assessment. The scheme is considered ad hoc and premature, contrary to the aims of the Area Plan for the East 2020 and General Policy 2(a) of the Strategic Plan. R3. Although the soil classification is not Class 1 or 2, the development would result in the loss of Class 3 agricultural soils, which support agriculture and require careful Office: 01624 651513 Mobile: 07624 457511 Government e-mail: rob.callister@gov.im Personal e-mail: robcallister@manx.net Website: www.robcallister.im Data protection privacy statement

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: 4897289 15 October 2025

Dear ###

We write further to your request, received 27 August 2025, which states:

"A Report to Planning Appeal AP25/0003 dated 26 June 2025 was received by the minister. a) Please provide all information to the circulation of this Report and any responses from respondents. b) please provide a copy of the ministers delegated powers and any documentation accompanying this Report when handed to DEFA member L Hooper MHK."

You clarified your request as follows:

"A Report to Planning Appeal AP25/0003 dated 26 June 2025 was received by the minister.

a) Please provide all information to the circulation of this Report, the method of circulation, who it was circulated to and any responses received as a result of the circulation.

b) please provide a copy of the ministers delegated powers and any documentation accompanying this Report when handed to DEFA member L Hooper MHK."

Our response to your request is as follows: Please see Appendix A.

To offer advice and assistance, a hardcopy of the Report was issued to the applicant, while all other recipients received it via email.

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.

Some of the information that you have requested is available online and you can find the information that relates to the Planning Appeal and Inspectors Report here:

https://pbc.gov.im/online- applications/appealDetails.do?activeTab=documents&keyVal=SQHH26IP0E400

Section 25(b)(i)&(ii) – Absolutely exempt personal information
While our aim is to provide information whenever possible, in this instance we are unable to provide some of the information you have requested because it is absolutely exempt under section 25(2)(b)(i)/(ii) of the Act (absolutely exempt personal information). The reasons why that exemption applies are that:

• The Department of Environment Food and Agriculture is satisfied that the information amounts to personal data of which you are not the data subject; and

• The Department of Environment Food and Agriculture is satisfied that disclosure of the information would contravene one of the data protection principles as set out at Article 5 of the General Data Protection Regulation as it applies in the Isle of Man pursuant to the Data Protection (Application of GDPR) Order 2018, namely that the Department of Environment Food and Agriculture can only disclose the information where it would be fair, lawful and meet one of the conditions for lawful processing in Article 6 [or if you are dealing with sensitive personal data “and one of the conditions in Article 9 of the GDPR and Schedule 2 of the Implementing Regulations is met” and in this case, none of those conditions have been met.

Section 35 – Conduct of public business While our aim is to provide information whenever possible, in this instance the information is exempt under section 35(b)(i)&(c) of the Act, as disclosure would be likely to inhibit free and frank provision of advice and otherwise to prejudice the effective conduct of public business for the purposes of deliberation.

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 • Disclosure promotes openness in government and allows the public to scrutinise decision making processes
• 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 • Disclosure could inhibit the free and frank exchange of views among officials • Disclosure may interfere with ongoing operational processes • Disclosure may damage trust between departments, or between officials and external partners, if internal communications are exposed • It is essential that all public authorities have a safe space in which to develop ideas and make decisions • 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.

Section 40 – Legal professional privilege While our aim is to provide information whenever possible, in this instance the information is exempt from disclosure under section 40 of the Act as it is information in respect of which a claim to legal professions privilege could be maintained in legal proceedings.

As section 40 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. The matters which were considered in applying the public interest test are as follows:

Factors in favour of disclosure • Accountability, transparency and furthering public debate • Public information states the decision followed legal process guided by legislation

Factors in favour of withholding • Ensuring frankness between lawyer and client • Decisions by public authorities must be taken in a fully informed legal context • Without comprehensive advice, decision making may be compromised • Public authorities require legal advice for the effective performance of their operations and that advice must be given by lawyers who are fully appraised of the factual background • Disclosure of legal advice may prejudice an authority in future litigation

Please quote the reference number 4897289 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.

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Whether we have responded to your request for information in accordance with Part 2 of the Freedom of Information Act 2015; or
Whether we are justified in refusing to give you the information requested.

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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.