Demolitions

Summary

The requester asked for the number of planning approvals for demolishing detached, non-registered buildings outside conservation areas since October 2011. The authority disclosed that such demolitions do not require planning approval, but provided a statistic of 282 demolition notices issued under the Building Control Act 1991 since January 2011.

Key Facts

• Demolition of detached buildings does not constitute development and does not require a planning application.
• Demolition may be referenced in planning applications for replacement dwellings to justify proposals.
• Demolition notices are issued under Section 27 of the Building Control Act 1991.
• The Department of Environment, Food and Agriculture issued 282 demolition notices since January 1, 2011.
• The original request for planning approval data could not be answered as the data does not exist.

Data Disclosed

• October 2011
• 282
• 1st January 2011
• Section 27
• Building Control Act 1991
• 2019-09-23
• 2019-10-08
• 970458

Original Request

Please let me know how many planning approvals have been given since October 2011 in respect of planning applications which involved or were exclusively in respect of the complete demolition of a detached building, which was not a Registered building and which was not within a Conservation Area

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: 970458 8th October 2019

Dear ###,

We write further to your request which was received on the 23rd September 2019 and which states:

"Please let me know how many planning approvals have been given since October 2011 in respect of planning applications which involved or were exclusively in respect of the complete demolition of a detached building, which was not a Registered building and which was not within a Conservation Area" The demolition of detached buildings does not constitute development and therefore does not require a planning application to be submitted. In instances where there is an existing building on the site however, the applicant may use this as justification for their proposal, for example a replacement dwelling in the countryside which would not be acceptable were it to be a new dwelling; as such it is appropriate for the demolition to be referenced in the application description. Although your request cannot be answered in respect of planning applications there is a separate instrument of legislation under Section 27 of the Building Control Act 1991 for the issue of demolition notice. A search of this information has found that since the 1st January 2011 the Department has issued 282 demolition notices. Please quote the reference number 970458 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