Land Adjacent to Marine Biological Station

Summary

A request was made for details on land agreements between the Department of Infrastructure and Delgatie Ltd regarding the area adjacent to the Marine Biological Station in Port Erin. The authority responded that some information was sent but part of the request was exempt, though the specific exemptions and disclosed details are not visible in the provided text.

Key Facts

• The request concerns government land adjacent to the former Marine Biological Station in Port Erin.
• The Department of Infrastructure is the responding authority.
• The request was received on 25 November 2025.
• The outcome was determined on 14 January 2026 (response date) with a final outcome date of 23 January 2026.
• The response status is 'Some information sent but part exempt'.

Data Disclosed

• 25 November 2025
• 14 January 2026
• 23 January 2026
• 5118285
• 4 pages
• 1 document
• IM1 2RF
• (01624) 686785

Original Request

I understand that Government land, specifically the grassed or landscaped area immediately adjacent to or in front of the former Marine Biological Station site in Port Erin, may be subject to a lease, licence or other agreement involving Delgatie Ltd. I am seeking clarification of the status and conditions of any such arrangement. Please provide the following information: ⸻ 1. All agreements relating to the grassed area Please disclose any lease, licence, tenancy, management agreement, memorandum of understanding or other occupation or land use agreement between the Department of Infrastructure and Delgatie Ltd (or any associated company) concerning the grassed area adjacent to the former Marine Biological Station. This includes any agreements for * maintenance, landscaping or appearance improvements * temporary occupation * rights of access or use * public realm works * exclusive or non exclusive use by the developer ⸻ 2. Full terms of any agreement For any identified agreement, please provide the full terms including * duration * rent or financial consideration (if any) * permitted and prohibited uses * obligations for maintenance, landscaping and improvement * termination clauses * renewal rights * any conditions that tie the occupation or use of the grassed area to the development of the adjacent site ⸻ 3. Development linked conditions Please provide all clauses, obligations and conditions that apply in the event that the main development does not proceed, is delayed or fails to meet any required timetable. This includes * any reversion, clawback or surrender conditions * any requirement to return the grassed area to Government if development does not commence * any performance related or time limited obligations linked to the development * any enforcement provisions available to the Department if the development stalls If no such provisions exist, please confirm this explicitly. ⸻ 4. Internal Department correspondence Please provide any internal correspondence, briefings or reports that discuss * whether the grassed area should be leased or licensed to Delgatie Ltd * the rationale for entering into any agreement * any concerns raised within the Department about the development stalling * any review of compliance or non compliance with obligations linked to the grassed area ⸻ 5. Due diligence and assessment of capability Please provide all information held by the Department regarding the due diligence undertaken on Delgatie Ltd prior to entering into any agreement relating to the grassed area or the adjacent development site. This should include * assessments of the company's financial standing and capacity to complete the proposed development * any business case, risk assessment or viability assessment carried out by the Department * any references, assurances or evidence of track record that were considered * any engagement with Treasury or other Government bodies regarding the company's ability to deliver the project ⸻ 6. Status of the agreement and account Please confirm whether the account relating to any lease, licence or agreement involving the grassed area is in good order. This includes * confirmation of whether all payments due to Government have been made in full and on time * confirmation of whether all obligations in the agreement have been complied with * details of any arrears, waivers, breaches, defaults or concerns raised within the Department * any correspondence regarding compliance or non compliance with the agreement

Data Tables (1)

Full Response Text

Department of Infrastructure Sea Terminal Building, Douglas, Isle of Man, IM1 2RF

Contact: FOI Response Team Telephone: (01624) 686785 Email: dpo-doi@gov.im

Our ref: 5118285 14 January 2026

Dear ###

We write further to your request, received 25 November 2025, which states:

"I understand that Government land, specifically the grassed or landscaped area immediately adjacent to or in front of the former Marine Biological Station site in Port Erin, may be subject to a lease, licence or other agreement involving Delgatie Ltd. I am seeking clarification of the status and conditions of any such arrangement.

Please provide the following information:

⸻

1. All agreements relating to the grassed area

Please disclose any lease, licence, tenancy, management agreement, memorandum of understanding or other occupation or land use agreement between the Department of Infrastructure and Delgatie Ltd (or any associated company) concerning the grassed area adjacent to the former Marine Biological Station.

This includes any agreements for * maintenance, landscaping or appearance improvements * temporary occupation * rights of access or use * public realm works * exclusive or non exclusive use by the developer

⸻

1. Full terms of any agreement

For any identified agreement, please provide the full terms including * duration * rent or financial consideration (if any) * permitted and prohibited uses * obligations for maintenance, landscaping and improvement * termination clauses * renewal rights * any conditions that tie the occupation or use of the grassed area to the development

of the adjacent site

⸻

1. Development linked conditions Please provide all clauses, obligations and conditions that apply in the event that the main development does not proceed, is delayed or fails to meet any required timetable.

This includes * any reversion, clawback or surrender conditions * any requirement to return the grassed area to Government if development does not commence * any performance related or time limited obligations linked to the development * any enforcement provisions available to the Department if the development stalls If no such provisions exist, please confirm this explicitly.

⸻

1. Internal Department correspondence

Please provide any internal correspondence, briefings or reports that discuss * whether the grassed area should be leased or licensed to Delgatie Ltd * the rationale for entering into any agreement * any concerns raised within the Department about the development stalling * any review of compliance or non compliance with obligations linked to the grassed area

⸻

1. Due diligence and assessment of capability

Please provide all information held by the Department regarding the due diligence undertaken on Delgatie Ltd prior to entering into any agreement relating to the grassed area or the adjacent development site. This should include * assessments of the company's financial standing and capacity to complete the proposed development * any business case, risk assessment or viability assessment carried out by the Department * any references, assurances or evidence of track record that were considered * any engagement with Treasury or other Government bodies regarding the company's ability to deliver the project

⸻

1. Status of the agreement and account

Please confirm whether the account relating to any lease, licence or agreement involving the grassed area is in good order. This includes * confirmation of whether all payments due to Government have been made in full and on time

• confirmation of whether all obligations in the agreement have been complied with
• details of any arrears, waivers, breaches, defaults or concerns raised within the Department
• any correspondence regarding compliance or non compliance with the agreement"

Our response to your request is as follows: I have enclosed copies of the information the Department holds and can disclose under the Freedom of Information Act 2015.

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 Infrastructure is satisfied that the information amounts to personal data of which you are not the data subject; and • The Department of Infrastructure 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 Infrastructure 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. Furthermore, some of the information is exempt from disclosure under section 30 of the Act as disclosure would be likely to prejudice the commercial interests of person (including the Department of Infrastructure.)

As section 30 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 • Demonstrates that departments act fairly and responsibly in managing property and tenant relationships. • Builds trust by showing openness in commercial arrangements with private entities. • Allows stakeholders to assess whether lease terms and tenant selection processes are equitable.

Factors in favour of withholding • Tenant companies may suffer competitive harm if sensitive financial or operational details are disclosed. • Disclosure could give competitors unfair advantage or disrupt commercial relationships. • Sharing confidential lease details may violate contractual obligations or lead to legal disputes. • Disclosure of arrears, payment history, or credit status could harm the tenant's reputation and business viability. • Financial account status often includes personal or sensitive data that must be safeguarded under privacy laws.

• If repayment plans or revised lease terms are under discussion, disclosure could derail progress and harm both parties.

In taking these factors into account the Department of Infrastructure determined that the factors in favour of maintaining the exemption outweigh the factors in favour of disclosing the information.

Please quote the reference number 5118285 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.