Reayrt Vradda

Summary

The requester sought documentation regarding the Department of Environment, Food and Agriculture's alleged failure to enforce planning conditions at the Reayrt Vradda glamping site concerning permanent residence. The authority withheld all requested information, citing an ongoing investigation that could lead to criminal proceedings.

Key Facts

• The request concerns a breach of planning conditions at Reayrt Vradda where permanent residence was allegedly allowed despite a 28-day limit.
• The Department of Environment, Food and Agriculture confirmed the information is held but exempt.
• The exemption is based on Section 31 of the Act regarding investigations that may lead to criminal proceedings.
• The public interest test concluded that withholding information to protect the integrity of the ongoing enforcement process outweighed the public interest in disclosure.
• The planning enforcement investigation is being conducted under Part 4 of the Town and Country Planning Act 1999.

Data Disclosed

• 5064973
• 2025-11-06
• 2025-11-21
• 28 days
• 12 months
• 18 months
• Section 31(1)
• Part 4
• 1999

Exemptions Cited

• Section 31 – Investigations and Legal Proceedings

Original Request

The failure of the planning enforcement team to manage the issue of permanent residence at the Reayrt Vradda 'glamping' site has left Port Erin with a financial nightmare. The enforcement team are quick to jump on the every day man widening his driveway without the police states approval yet have not dealt with this for once serious breach of planning. To ease the woes of Port Erin ratepayers whilst they write large cheques to the lawyers, please provide a copy of documentation held by the planning enforcement team and any other relevant parties in relation to this failure to do their jobs so the public can rightly see what has gone on. Include all policies, correspondence and notes made. The planning condition as I understand was that nobody could reside on the camp site for more than 28 days in a calendar year.  Within the last 18 months, at some point the Reayrt Vradda business started take payment for 12 months for people to live permanently on the site, which is a breach of the planning conditions for the site.  As I understand it, the planning department were made aware of this breach of planning and chose not to act. This failure to act is the matter for which I request all documentation surrounding any decisions, rationale etc. 

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: 5064973 21 November 2025

Dear ###

We write further to your request, received 6 November 2025, which states:

The failure of the planning enforcement team to manage the issue of permanent residence at the Reayrt Vradda 'glamping' site has left Port Erin with a financial nightmare. The enforcement team are quick to jump on the every day man widening his driveway without the police states approval yet have not dealt with this for once serious breach of planning.

To ease the woes of Port Erin ratepayers whilst they write large cheques to the lawyers, please provide a copy of documentation held by the planning enforcement team and any other relevant parties in relation to this failure to do their jobs so the public can rightly see what has gone on. Include all policies, correspondence and notes made.

On 6 November, the Department wrote to you for further clarification of your request, asking you to clarify what was meant by “a copy of documentation held by the planning enforcement team and any other relevant parties in relation to this failure to do their jobs so the public can rightly see what has gone on. Include all policies, correspondence and notes made".

You provided the following clarification to your request.

The planning condition as I understand was that nobody could reside on the camp site for more than 28 days in a calendar year.

Within the last 18 months, at some point the Reayrt Vradda business started take payment for 12 months for people to live permanently on the site, which is a breach of the planning conditions for the site.

As I understand it, the planning department were made aware of this breach of planning and chose not to act. This failure to act is the matter for which I request all documentation surrounding any decisions, rationale etc.

Section 31 – 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, that in the circumstances may lead to criminal proceedings being instituted.

As section 31 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 may promote confidence in the Department's enforcement process
• The requester has a legitimate interest in understanding the basis of the enforcement
• 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
• Disclosure of the breach report could compromise the enforcement process
• If the case proceeds to court, premature disclosure could undermine the fairness and integrity of the judicial process
• Disclosure could deter individuals from cooperating with investigations if they fear sensitive information will be released before due process is complete

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.

To offer advice and assistance, guidance on the process for handling investigations into breaches, including how investigations are conducted, the steps involved in enforcement procedures, and how updates are communicates can be found here: https://pabc.gov.im/planning/planning-enforcement/

Please quote the reference number 5064973 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.