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Economy and Planning privacy notices

Forward Planning privacy notice

The following privacy notice applies to Forward Planning.

This notice explains how personal information is going to be used, what it is used for, who it might be shared with and why and for how long it is to be kept.

The Council is fully committed to complying with The Data Protection Act 2018 and the General Data Protection Regulation (GDPR).

We ensure that your personal data is processed fairly, lawfully kept safe and secure and retained for no longer than is necessary.

The Data Protection Officer for the Council is Head of Legal, Democracy and HR Services.

What information is collected?

We collect and process the following information: 

  • Personal information (such as name, postal address, e-mail address, telephone numbers, details of land ownership)
  • Comments from individuals and organisations in relation to planning policy matters

Such information may be gathered through discussions, consultations, held during meetings and recorded in minutes and meeting notes. 

In very limited circumstances, information relating to the following sensitive data may be collected:

  • Ethnicity
  • Financial information
  • Health information

Why do we collect your personal information?

To undertake the council’s statutory duty to prepare and maintain an up-to-date Local Plan which has been carried out in an open, consistent, transparent and inclusive manner. This involves the process of evidence gathering, consultation and formal examination.

To prepare and adopt statutory supporting planning documents and other guidance documents, including the process of evidence gathering and consultation.

To provide the council’s on-going planning policy advice service in response to enquiries and submissions.

To receive submissions in order to undertake the council’s statutory duty to prepare maintain a Self and Custom House Building register.

For the purposes of monitoring and discharge of S106 obligations and Community Infrastructure Levy (CIL) liabilities in order for the council to carry out its statutory duties in respect of seeking and receiving planning contributions.

Data Controller

The council is registered as a Data Controller with The Information Commissioner’s Office (Registration Number Z5327706).

The legal basis for processing personal data

  • Processing is necessary for compliance with a legal obligation
  • Processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller
  • Consent of the data subject

In the exercise of official authority under various UK laws including but not limited to:

  • The Town & Country Planning Act 1990
  • The Planning Act 2008
  • The Housing & Planning Act 2016
  • The Planning (Listed Buildings & Conservation Areas) Act 1990
  • The Localism Act 2011
  • The Neighbourhood Planning Act 2017

Who we share data with

We pass data to:

  • Internal departments.
  • Other local authorities.
  • Planning Inspectorate/Secretary of State.
  • Central Government.
  • Other partner agencies that provide services on our behalf.
  • Agencies with whom we have a duty to co-operate, such as the police.

When you make a comment on a Local Plan or planning policy related public consultation, your name, and/or address, may be published alongside your comment on the council’s website. 

When planning documents are formally submitted for Examination, all representations made previously on the document in question will also be published and shared with the appointed Planning Inspector (in line with the Town and Country Planning Regulations). In addition, in relation to a Regulation 19 stage public consultation on a Local Plan (Publication of the Submission document), contact details will be submitted alongside representations received to the Planning Inspectorate as part of the examination process.

When you submit an enquiry which involves wider involvement of other internal departments or other local authorities, your data may be shared where this is necessary to respond to your query.

We will not share data with third-parties for marketing purposes.

Retention periods

Personal data will not be retained for longer than necessary in relation to the purposes for which they were collected.  

  • Local Plan Representations will be retained for the life of the adopted Plan.
  • Supplementary Planning Document and Development Brief Document Representations will be retained for the life of the document or 10 years (whichever is shorter) and then will be destroyed.
  • Survey data to support evidence for the Local Plan preparation will be retained for the life of the adopted Plan.
  • Data submitted with the promotion of sites will be retained until these records become obsolete or no longer required, or entries will be destroyed on request. 
  • Data submitted to be included in the Self and Custom House Building Register will be destroyed on request or where records become obsolete or no longer required.
  • Data submitted for the purposes of monitoring and discharge of S106 obligations and CIL liabilities will be retained until obligations/liabilities have been discharged and then the personal details will be destroyed.
  • Data submitted as part of a general enquiry will be deleted on request or when records become obsolete or no longer required.

Rights

You have the right to:

  1. Be informed of data processing (which is covered by this Privacy Notice).
  2. Access your personal information (known as a Subject Access Request).
  3. Have inaccuracies corrected.
  4. Have information erased.
  5. Restrict processing.
  6. Data portability.
  7. Intervention in respect of automated decision making/profiling.
  8. Withdraw Consent (see below).
  9. Complain to the Information Commissioner’s Office (See below).

To exercise any of these rights please contact the Data Protection Officer.

Withdrawal of consent

The lawful basis upon which the Council process personal data is that it is necessary in order to comply with its legal obligations and to enable it to perform tasks carried out in the public interest.  However, where personal data is solely processed on the basis of consent, you will have the right to withdraw that consent.

Where can I get advice?

If you have any worries or questions about how your personal information is handled please contact our Data Protection Officer.

For independent advice about data protection, privacy and data rights, you can contact the Information Commissioner’s Office (ICO):

  • Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire DK9 5AF
  • Tel:  0303 123 1113 (local rate) or 01625 545 745 if you prefer to use a national rate number
  • Visit ico.org.uk
  • Email casework@ico.org.uk