Copy of internal DEFA emails sent externally

Summary

The requester sought internal DEFA emails and external correspondence related to a planning appeal involving Dandara Homes Limited. The authority disclosed some external correspondence but withheld specific information citing exemptions for personal data and legal professional privilege, while stating it did not hold records regarding the release of the specific internal emails.

Key Facts

• The request was received on 2026-02-10 and the outcome was issued on 2026-03-09.
• The Department of Environment, Food and Agriculture stated it does not hold information regarding correspondence about the release of documents for claim CHP25/0136.
• Some requested correspondence was provided in Appendix A, but parts were redacted.
• The authority suggested the requester contact the Attorney General's Office for advice on the missing information.
• The response included 6 pages across 2 documents.

Data Disclosed

• 2026-02-10
• 2026-03-09
• CHP25/0136
• DAN8/1
• 06 August 2025
• 09:48
• PA 24/00713/A
• 1 August 2025
• 1 January 2026
• 6 pages
• 2 documents
• 5291365

Exemptions Cited

• Section 25 – Absolutely exempt personal information
• Section 40 – Legal professional privilege

Original Request

In response to claim number CHP25/0136, Ref: DAN8/1, Oliver Helfrich of Humphrey & Helfrich on behalf of Dandara Homes Limited included internal DEFA emails between Lawrie Hooper, Victoria Corkhill and a redacted third party. Access to these emails would have aided other interested parties in the motion, but were never offered. This includes emails such as one sent 06 August 2025 at 09:48 from Redacted to Lawrie Hooper, Subject: Planning Appeal - PA 24/00713/A Please provide copies of any material correspondence between the Department/Chambers and the Interested Party/its advocates relating to the release of these documents, and the date upon which the emails relied upon by the Interested Party were disclosed by the Department to the Interested Party. Please also supply all correspondence that has been sent externally to Humphrey & Helfrich and Dandara Homes Limited from the period 1 August 2025 to 1 January 2026.

Data Tables (1)

Full Response Text

From:  @attgen.gov.im> Sent: Thursday, November 27, 2025 9:21:49 AM To:  @humphreyandhelfrich.com> Subject: RE: Petition of Doleance - Dandara   Hi   Good to talk to you yesterday.   I’ll double check but I believe the answers are   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: 5291365 9 March 2026

Dear ###

We write further to your request, received 10 February 2026, which states:

"In response to claim number CHP25/0136, Ref: DAN8/1, Oliver Helfrich of Humphrey & Helfrich on behalf of Dandara Homes Limited included internal DEFA emails between Lawrie Hooper, Victoria Corkhill and a redacted third party. Access to these emails would have aided other interested parties in the motion, but were never offered. This includes emails such as one sent 06 August 2025 at 09:48 from Redacted to Lawrie Hooper, Subject: Planning Appeal - PA 24/00713/A

Please provide copies of any material correspondence between the Department/Chambers and the Interested Party/its advocates relating to the release of these documents, and the date upon which the emails relied upon by the Interested Party were disclosed by the Department to the Interested Party.

Please also supply all correspondence that has been sent externally to Humphrey & Helfrich and Dandara Homes Limited from the period 1 August 2025 to 1 January 2026."

Our response to your request is as follows:

Please provide copies of any material correspondence between the Department/Chambers and the Interested Party/its advocates relating to the release of these documents, and the date upon which the emails relied upon by the Interested Party were disclosed by the Department to the Interested Party.

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 hold any information between the Department/Chambers and the Interested Party/its advocates with regards to claim number CHP25/0136.

To offer advice and assistance, you may wish to submit a Freedom of Information request to the Attorney General’s Office.

Please also supply all correspondence that has been sent externally to Humphrey & Helfrich and Dandara Homes Limited from the period 1 August 2025 to 1 January 2026.

Please see Appendix A.

Section 25 – 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.

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

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.

Please quote the reference number 5291365 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