Illegal destruction of ancient field boundary?

Summary

A requester asked for documentation regarding the alleged illegal removal of an ancient hedge and the subsequent renumbering of field 224777 in Ballaugh Curraghs. The Department of Environment, Food and Agriculture disclosed that no application or enforcement records existed for the hedge removal, but provided paperwork concerning the field number change, with some personal details redacted.

Key Facts

• The Department confirmed it did not receive an application form to remove the hedge in question.
• No paperwork or meeting minutes regarding enforcement action for field 224777 were held by the Department.
• An internal email from February 2024 indicated an officer visited the site and deemed only a mapping change was required, noting only a fence existed rather than a hedge.
• The new field number 224777 was appointed in February 2024, replacing previous field numbers.
• Personal information within the disclosed field number paperwork was redacted under Section 25(b)(i)&(ii) exemptions.

Data Disclosed

• 224777
• 120m
• 2025-09-09
• 2025-10-15
• 28 February 2024
• May 2024
• February 2024
• Section 25(b)(i)&(ii)
• 4923561

Exemptions Cited

• Section 25(b)(i)&(ii) – Absolutely exempt personal information

Original Request

I was recently looking at Google Earth and I found a satellite image of a hedge in the Ballaugh Curraghs which has clearly just been entirely ripped out by a farmer (very recently…. 120m of wildlife habitat just gone) when I thought this practice was banned years ago. The hedge was there in at least aa early as the first Victorian map yet around May 2024 it was totally ploughed out, including a tall tree. After making enquiries at DEFA I was asked for the 'field number'. Having now found this information on your website, I can see on your DEFA 'Island Environment map' that it is field '224777'. The old map shows that this used to be three fields, then two, now one. While I know that the government used to encourage farmers to rip out hedges, i thought this had stopped decades ago. Therefore I was alarmed to see that the old fields numbers have now been deleted and a new field number has been given for the whole enlarged area by DEFA. DEFA must have accepted this rule breaking. And worse, the new field No was only appointed in February of this year! I am requesting copies of specific documentation held by the Department as outlined in my request, specifically: 1. Application paperwork to remove this hedge 2. Approval paperwork to remove this hedge 3. Any paperwork and meeting minutes concerning potential or actual enforcement action 4. Paperwork concerning the new field number request 5. Paperwork concerning planning permission for removing the hedge 6. Any correspondence between the farmer and the department

Data Tables (1)

Full Response Text

From: To: Subject: FW: mapping Change Date: 28 February 2024 11:29:50 Attachments: Photo 2024-02-28 111811.jpg Receipt 2024-02-28 111736.jpg   I visited today for a works approval but actually I think a mapping change is all he needs (form attached)   There is only a fence and not a hedge to remove so I said its okay to proceed   Hopefully forms asre all in order   Any trouble please let me know   Regards     Department of Environment, Food and Agriculture Regulation Directorate Thie Slieau Whallian Foxdale Road St Johns IM4 3AS 07624   From: @manx.net> Sent: 28 February 2024 11:23 To: @gov.im> Subject: mapping Change   Caution: This email is from an external sender. Please take care before opening any attachments or following any links.          REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED

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: 4923561 15 October 2025

Dear ###

We write further to your request, received 9 September 2025, which states:

"I was recently looking at Google Earth and I found a satellite image of a hedge in the Ballaugh Curraghs which has clearly just been entirely ripped out by a farmer (very recently…. 120m of wildlife habitat just gone) when I thought this practice was banned years ago. The hedge was there in at least aa early as the first Victorian map yet around May 2024 it was totally ploughed out, including a tall tree. After making enquiries at DEFA I was asked for the 'field number'. Having now found this information on your website, I can see on your DEFA 'Island Environment map' that it is field '224777'. The old map shows that this used to be three fields, then two, now one. While I know that the government used to encourage farmers to rip out hedges, i thought this had stopped decades ago. Therefore I was alarmed to see that the old fields numbers have now been deleted and a new field number has been given for the whole enlarged area by DEFA. DEFA must have accepted this rule breaking. And worse, the new field No was only appointed in February of this year!

I am requesting copies of specific documentation held by the Department as outlined in my request, specifically:

1. Application paperwork to remove this hedge
2. Approval paperwork to remove this hedge
3. Any paperwork and meeting minutes concerning potential or actual enforcement action
4. Paperwork concerning the new field number request
5. Paperwork concerning planning permission for removing the hedge
6. Any correspondence between the farmer and the department"

Our response to your request is as follows.

1. Application paperwork to remove this hedge; and
2. Approval paperwork to remove this hedge

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 did not receive an application form to remove the hedge.

1. Any paperwork and meeting minutes concerning potential or actual enforcement action

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 does not have any paperwork and meeting minutes concerning potential or actual enforcement action in relation to field 224777.

1. Paperwork concerning the new field number request

Please see Appendix A.

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 and in this case, none of those conditions have been met.

1. Paperwork concerning planning permission for removing the hedge

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 have not received a planning application form to remove the hedge.

Should you believe a planning breach has occurred, we kindly ask that you complete the 'Request to Investigate a Breach of Planning' form to enable the Department to investigate your concerns further.

The “Request to Investigate a Breach of Planning” form can be found here:
www.gov.im/media/1386130/dc-en-inv-breach-form-20_compressed.pdf

1. Any correspondence between the farmer and the department

Please see Appendix B.

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 and in this case, none of those conditions have been met.

Please quote the reference number 4923561 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.