Proposed Tree Removal (Public Notice dated 16th September 2025)

Summary

The request sought correspondence, arborist reports, maps, licenses, and ecological surveys regarding proposed tree removal in a recreational field in Douglas. The authority provided some correspondence but withheld personal data under absolute exemption and stated that certain arborist reports were not held or could not be found.

Key Facts

• The request concerns tree removal at the Ballanard Road / Baldwin Drive / Manor Hotel Lane / Norwood Drive recreational field.
• Correspondence was partially released in Appendix A, but some was withheld as personal data.
• The authority stated it does not hold or could not find the specific arborist inspection reports requested.
• The response was issued by the Department of Environment, Food and Agriculture on 27 October 2025.
• The public notice for tree removal was dated 16 September 2025.

Data Disclosed

• 2025-09-16
• 2025-09-24
• 2025-10-27
• 2025-10-28
• 4953474
• Section 25(b)(i)&(ii)
• Article 5
• Article 6
• Section 5
• 4 pages
• 1 document

Exemptions Cited

• Section 25(b)(i)&(ii) - Absolutely exempt personal information
• Data Protection (Application of GDPR) Order 2018
• Information not held or cannot be found after reasonable steps

Original Request

Please provide copies of all correspondence between DEFA (Forestry, Amenity and Lands), DEFA (Planning and Building Control), internal and / or independent arborists and Douglas City Council in relation to the survey and removal of trees located within the boundaries of the Ballanard Road / Baldwin Drive / Manor Hotel Lane / Norwood Drive recreational field. suzanne parkin Please also provide the following: Please also provide the internal and / or independent arborists inspection reports confirming the reasons why the decision to issue the notice dated 16th September 2025 are based. A clear map identifying exactly which trees within the boundaries of the field are being removed under the notice dated 16th September 2025. A copy of the tree felling license applicable to all trees proposed to be removed under the notice dated 16th September 2025. A copy of any current or future Planning Application which the tree felling license under the notice dated 16th September 2025 is applicable. A copy of the proposed replanting conditions which the Department will implement under section 5 of the tree preservation Act. A copy of all Preliminary ecological survey reports undertaken within the field. A copy of all Protected species survey reports undertaken within the field. A copy of all habitat survey reports undertaken within the field. A copy of all ecological impact assessment reports undertaken within the field. A copy of all flood risk assessment reports undertaken within the field.

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: 4953474 27 October 2025

Dear ###

We write further to your request, received 24 September 2025, which states:

Please provide copies of all correspondence between DEFA (Forestry, Amenity and Lands), DEFA (Planning and Building Control), internal and/or independent arborists and Douglas City Council in relation to the survey and removal of trees located within the boundaries of the Ballanard Road / Baldwin Drive / Manor Hotel Lane / Norwood Drive recreational field / Suzanne Parkin.

Please also provide the following:

The internal and / or independent arborists inspection reports confirming the reasons why the decision to issue the notice dated 16th September 2025 are based.

A clear map identifying exactly which trees within the boundaries of the field are being removed under the notice dated 16th September 2025.

A copy of the tree felling license applicable to all trees proposed to be removed under the notice dated 16th September 2025.

A copy of any current or future Planning Application which the tree felling license under the notice dated 16th September 2025 is applicable.

A copy of the proposed replanting conditions which the Department will implement under section 5 of the tree preservation Act.

A copy of all Preliminary ecological survey reports undertaken within the field.

A copy of all Protected species survey reports undertaken within the field.

A copy of all habitat survey reports undertaken within the field.

A copy of all ecological impact assessment reports undertaken within the field.

A copy of all flood risk assessment reports undertaken within the field.

Our response to your request is as follows.

Please provide copies of all correspondence between DEFA (Forestry, Amenity and Lands), DEFA (Planning and Building Control), internal and / or independent arborists and Douglas City Council in relation to the survey and removal of trees located within the boundaries of the Ballanard Road / Baldwin Drive / Manor Hotel Lane / Norwood Drive recreational field / Suzanne Parkin.

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.

Please also provide the internal and / or independent arborists inspection reports confirming the reasons why the decision to issue the notice dated 16th September 2025 are based.

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 some of the information that you have requested. This is because the report is completed after the consultation period of the notice.No

A clear map identifying exactly which trees within the boundaries of the field are being removed under the notice dated 16th September 2025.

Please see Appendix B.

A copy of the tree felling license applicable to all trees proposed to be removed under the notice dated 16th September 2025.

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.

The information that you have requested has been provided in a previous Freedom of Information request and is available by searching case ID 4771525 here: https://services.gov.im/freedom-of-information/search

A copy of any current or future Planning Application which the tree felling license under the notice dated 16th September 2025 is applicable.

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 some of the information that you have requested. This is because the Planning and Building Control Division has not received a planning application.

A copy of the proposed replanting conditions which the Department will implement under section 5 of the tree preservation Act.

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 some of the information that you have requested. This is because the Department will determine replanting conditions at the decision stage.

A copy of all Preliminary ecological survey reports undertaken within the field. A copy of all Protected species survey reports undertaken within the field. A copy of all habitat survey reports undertaken within the field. A copy of all ecological impact assessment reports undertaken within the field.

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.

The information that you have requested has been provided in a previous Freedom of Information request and is available by searching case ID 4771525 here: https://services.gov.im/freedom-of-information/search

A copy of all flood risk assessment reports undertaken within the field.

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 some of the information that you have requested. This is because the Department are not responsible for flood risk assessments.

To offer advice and assistance, you may wish to contact Department of Infrastructure who may be able to help you.

Please quote the reference number 4953474 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.

Yours sincerely