Patrick Commoners' Allotment Management & Restrictions

Authority	Department of Environment, Food and Agriculture
Date received	2026-02-09
Outcome	Some information sent but not all held
Outcome date	2026-02-25
Case ID	5292393

Summary

A request was made for legal title deeds, byelaw documentation, and environmental surveys regarding the Patrick Commoners' Allotment and motorcycle restrictions. The Department of Environment, Food and Agriculture responded that some information was sent, but not all requested data is held by the department.

Key Facts

The request concerns the Patrick Commoners' Allotment defined by the Disafforesting (Commoners) Allotment Act 1866.
The Department of Environment, Food and Agriculture (DEFA) confirmed it does not hold all the requested information.
The request sought legal advice from the Attorney General's Chambers between 2018 and 2024 regarding land ownership.
Information was requested regarding a 2020 ban on motorcycles and the associated public consultation process.
The response was issued on 25 February 2026, six days after the request was received.

Data Disclosed

2026-02-09
2026-02-25
1866
2018
2024
2020
2015
6 pages
1 document
5292393
IM4 3AS
01624 685854

Original Request

Under the Freedom of Information Act, please provide the following information regarding the land known as the Patrick Commoners' Allotment (as defined by the Disafforesting (Commoners) Allotment Act 1866 and any subsequent legislation): 1. Legal Title and Ownership Status a. Provide copies of the Title Deeds or specific statutory instruments held by the Department of Environment, Food and Agriculture (DEFA) which grant the Department legal ownership (beneficial interest) of the Patrick Commoners' Allotment, as opposed to mere management or custodial rights. b. Provide all internal legal advice, memos, or correspondence (redacted for personal data only) from the Attorney General's Chambers to DEFA between 2018 and 2024 regarding the Department's legal standing to act as the "landowner" in planning applications or commercial negotiations regarding the site and surrounding area (e.g., the Cross Vein/mining proposals). 2. The 2020 Motorcycle Restriction/Byelaw a. Provide the specific Statutory Document (SD) number and a copy of the formal order/byelaw used to implement the 2020 ban on motorcycles on the Patrick Commoners' Allotment. b. Provide a record of the Public Consultation process undertaken prior to this ban, including the dates of notice, the list of stakeholders consulted (specifically the Commoners' Trustees and Patrick Parish Commissioners), and a summary of the responses received. c. If no formal consultation was undertaken, please provide the internal departmental justification for bypassing the consultation requirements usually associated with changes to land use or public access. 3. Scientific and Environmental Justification a. Provide copies of the Ecological Impact Assessments or Botanical Surveys conducted specifically on the mining spoil areas of the Patrick Commoners' Allotment between 2015 and 2020 that identified motorcycle use as a primary threat to the habitat. b. Provide any "Operations Likely to Damage" (OLD) notices issued under the Wildlife Act 1990 regarding this specific plot of land. 4. Consistency of Management (Commercial vs. Recreational) Provide all correspondence between DEFA and third-party commercial entities (e.g., mining or prospecting firms) regarding access to the Patrick Commoners' Allotment from 2020 to the present. Provide the departmental rationale explaining how industrial mining/prospecting is deemed compatible with the "fragile habitat" of the mining spoil, while recreational motorcycle use is deemed incompatible. 5. Trust Obligations a. Provide a copy of the current Register of Commoners or the list of identified beneficiaries of the 1866 Trust that the Department maintains in its capacity as manager. b. Provide records of any rent, fees, or royalties collected by DEFA for the use of the Patrick Commoners' Allotment and confirmation of whether these funds are held in a specific Trust account for the commoners or absorbed into the General Revenue.

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: 5292393 25 February 2026

Dear ###

We write further to your request, received 9 February 2026, which states:

Legal Title and Ownership Status

a. Provide copies of the Title Deeds or specific statutory instruments held by the Department of Environment, Food and Agriculture (DEFA) which grant the Department legal ownership (beneficial interest) of the Patrick Commoners' Allotment, as opposed to mere management or custodial rights.

b. Provide all internal legal advice, memos, or correspondence (redacted for personal data only) from the Attorney General's Chambers to DEFA between 2018 and 2024 regarding the Department's legal standing to act as the "landowner" in planning applications or commercial negotiations regarding the site and surrounding area (e.g., the Cross Vein/mining proposals).

The 2020 Motorcycle Restriction/Byelaw

a. Provide the specific Statutory Document (SD) number and a copy of the formal order/byelaw used to implement the 2020 ban on motorcycles on the Patrick Commoners' Allotment.

b. Provide a record of the Public Consultation process undertaken prior to this ban, including the dates of notice, the list of stakeholders consulted (specifically the Commoners' Trustees and Patrick Parish Commissioners), and a summary of the responses received.

c. If no formal consultation was undertaken, please provide the internal departmental justification for bypassing the consultation requirements usually associated with changes to land use or public access.

Scientific and Environmental Justification

a. Provide copies of the Ecological Impact Assessments or Botanical Surveys conducted specifically on the mining spoil areas of the Patrick Commoners' Allotment between 2015 and 2020 that identified motorcycle use as a primary threat to the habitat.

b. Provide any "Operations Likely to Damage" (OLD) notices issued under the Wildlife Act 1990 regarding this specific plot of land.

Consistency of Management (Commercial vs. Recreational)

Provide all correspondence between DEFA and third-party commercial entities (e.g., mining or prospecting firms) regarding access to the Patrick Commoners' Allotment from 2020 to the present.

Provide the departmental rationale explaining how industrial mining/prospecting is deemed compatible with the "fragile habitat" of the mining spoil, while recreational motorcycle use is deemed incompatible.

Trust Obligations

a. Provide a copy of the current Register of Commoners or the list of identified beneficiaries of the 1866 Trust that the Department maintains in its capacity as manager.

b. Provide records of any rent, fees, or royalties collected by DEFA for the use of the Patrick Commoners' Allotment and confirmation of whether these funds are held in a specific Trust account for the commoners or absorbed into the General Revenue.

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. Department does not hold any information relating to Patrick Commoners Allotment

Please see below the Department response to your request.

Legal Title and Ownership Status

"landowner" in planning applications or commercial negotiations regarding the site and surrounding area (e.g., the Cross Vein/mining proposals).

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 internal legal advice, memos, or correspondence from the Attorney General's Chambers to the Department between 2018 and 2024 regarding the Department's legal standing to act as the "landowner" in planning applications or commercial negotiations regarding the site and surrounding area (e.g., the Cross Vein/mining proposals).

The 2020 Motorcycle Restriction/Byelaw

a. Provide the specific Statutory Document (SD) number and a copy of the formal order/byelaw used to implement the 2020 ban on motorcycles on the Patrick Commoners' Allotment.

To offer advice and assistance, information relating to a Ministerial decision to restrict off-road vehicle access to a contaminated former mine site can be found by viewing Freedom of Information request, Case ID 1227981, here:

https://services.gov.im/freedom-of-information/search

In addition, the Forestry Act 1984, Section 9(4) Access to mountains states:

(4) This section does not enable any such defence to be raised in any case where a person — (a) goes on land in pursuit of game, hares, rabbits or wild birds, or for the purpose of taking eggs, or accompanied by a dog, or carrying a gun, ferret or net; (b) encamps on land, or lights a fire, or causes damage to the surface of land, a tree growing thereon or a building, fence or other erection thereon; (c) takes any vehicle on land; (d) destroys or removes the roots of any vegetation; (e) so disturbs any sheep or cattle as to cause damage to their owner;

The Forestry Act 1984 is available here:

www.legislation.gov.im/cms/images/LEGISLATION/PRINCIPAL/1984/1984-0020/1984- 0020.pdf

Scientific and Environmental Justification

b. Provide any "Operations Likely to Damage" (OLD) notices issued under the Wildlife Act 1990 regarding this specific plot of land.

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.

To offer advice and assistance, the OLD term relates to designated Areas of Special Scientific Interest only. Designated Areas of Special Scientific Interest can be viewed here:

https://manngis.maps.arcgis.com/apps/webappviewer/index.html?id=74e6bd8c855348 35b80dea94a4180a11

Consistency of Management (Commercial vs. Recreational)

a) Provide all correspondence between DEFA and third-party commercial entities (e.g., mining or prospecting firms) regarding access to the Patrick Commoners' Allotment from 2020 to the present.

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 Freedom of Information Act provides a right of access to recorded information held by a public authority; it does

not require an authority to create new information, formulate explanations, or generate a rationale where none is held in recorded form.

Trust Obligations

a. Provide a copy of the current Register of Commoners or the list of identified beneficiaries of the 1866 Trust that the Department maintains in its capacity as manager.

Please quote the reference number 5292393 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:

Whether we have responded to your request for information in accordance with Part 2 of the Freedom of Information Act 2015; or
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.