Privacy Statement and Notice
Forward Planning Privacy Notice
The categories of information that we collect, process, hold and share include:
- personal information (such as name, address, email and telephone number) in relation to the preparation of the Planning Policy Documents (mailing list of those wishing to be kept informed, responses to consultation exercises, or in relation to sites that may be included in the Plan); the Self and Custom Housebuilding Register, and the Brownfield Register.
Why we collect and use this information
We use your data to:
- enable us to carry out specific functions for which we are responsible (such as Local Plan, Supplementary Planning Documents, Statement of Community Involvement, Community Infrastructure Levy, Sustainability Appraisals, Strategic Housing Land Availability Assessment, Brownfield Register)
- derive statistics for monitoring purposes in respect of the Local Plan and to inform Local Plan evidence
The lawful basis on which we use this information
Our lawful bases for processing personal data as part of a consultation is the performance of a task in the public interest (GDPR 6 (1) (e)
As part of the Council’s statutory duties under the Town and Country Planning (Local Planning) (England) Regulations 2012, the Forward Planning team are required to consult specific consultation bodies that the Local Planning Authority consider may have an interest in the subject of the proposed local plan; general consultation bodies that the Local Planning Authority consider appropriate; and such residents or other persons carrying on business in the Local Authority’s area from which the Local Planning Authority consider it appropriate to invite representations
We also collect and use this information for the purposes of carrying out our statutory functions under the Self Build and Custom Housebuilding Act 2015 and the Town and Country Planning (Brownfield Land Register) Regulations 2017
How long do we keep this information?
We hold your data in respect of the Local Plan process for the duration of the Local Plan period but will review this on a 6 yearly basis. For the purposes of the Self and Custom Build Register until such times as a suitable plot has been secured and the self or custom build is complete, or if we are informed that the person or association on the register no longer wishes to be included. For the purposes of the Brownfield Register until sites have been developed or circumstances change (the Brownfield Register is revised and updated annually).
In all respects personal contact details you have provided will be held until you withdraw your consent or notify us of any changes. .
Who we might share this information with
We may share information internally within the Council in terms of carrying out planning work (planning policy, development control and central services).
We do not routinely share personal information with anyone externally except for the following:
The personal contact information held on the Forward Planning Team’s mailing List will not be shared with external bodies or third party organisations. It is not viewable online. If the information is requested by another individual or organisation we will contact you for your permission before providing it.
If you have provided your personal information in relation to Public Examination we may share your details to external organisations such as the Planning Inspectorate (PINS - https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/756091/Privacy_Statement_-_ROW_V2.pdf
Information in relation to Brownfield Registers will be shared as appropriate in respect to the Town and Country Planning (Brownfield Land Register) Regulations 2017.
Self and Custom Build
Information in relation to Self and Custom Housebuilding Registers will be shared as appropriate in respect of the Duties set out in section 2 of the Self-Build and Custom Housebuilding Act 2015.
What is the purpose for your consent?
The purpose is to enable us to ensure that you or the organisation you represent who has an interest in the Local Plan, and other planning policy documents are kept up-to-date with each stage of the Plan’s development. This will afford you the chance to engage with the various consultation exercises associated with the production of an updated Local Plan or other planning policy document.
Self-Build and Custom Housebuilding register
The purpose is for individuals or associations that are seeking to acquire a serviced plot, or plots, of land to build their own home(s) in the Borough.
The purpose is to publish online and then update regularly the register to include any new sites or amendments to previously identified sites.
Processing personal data as part of a public consultation
Information resulting from a public consultation will be held by the Forward Planning Team on the Local Plan Mailing List database and in the records of any comments and/or representations that were received.
To allow us to respond to representations individuals must provide us with sufficient personal data (e.g. name, address, contact details). In a small number of circumstances individuals may also by explicit consent (GDPR Article 9(2)(a)) provide us with “special category data” in support of their representations (e.g. evidence of race, medical history or disability) this information will not be published and will be held securely. .
How we use your information
Where people have registered their contact details on our mailing list and have provided us with personal information, we will only use this to make them aware of new documents and or stages involved in the preparation of planning policy documents in which they may have an interest. Personal data, held on the mailing list, will only be used for this purpose and will not be shared with third parties.
Some information provided to us we are obliged under national regulations to make available as part of public reporting on the results of public consultation. The results will be held as a permanent record of our planning decisions associated with each planning policy document prepared. Where an individual or organisation has made representations about any policy or policy-related document, we will hold a record of this.
We will need to publish some of this information in order to comply with our statutory obligations and we will redact any personal information (signature, email address, telephone number and address).
Sometimes we might decide it is necessary, justified and lawful to disclose personal data that appears above. In these circumstances we will let you know of our intention before we publish anything.
If you are submitting supporting information which you would like to be treated confidentially or wish to be specifically withheld from public inspection, please let us know as soon as you can - ideally in advance of submitting the document or representation.
Consultees should be aware that the Council will not always be able to keep their names or comments confidential as they may be required to be reported to the Council’s Elected Members and also be made available to a person appointed to carry out an independent examination (Planning Inspectorate (PINS - https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/756091/Privacy_Statement_-_ROW_V2.pdf ) of any statutory document, such as the Local Plan.
Non personal Information that has been submitted as part of a representation to the Council in the process of preparing a planning policy document will normally be able to be viewed online and a hard copy of the representation will be able to be viewed in full in person by appointment at our offices.
In order to ensure that no unnecessary personal data is published online, please consider the following: We strongly recommend that you indicate any documents (in whole or in part) containing personal information that you do not want to be seen by the public. However we have a legal duty to make certain details available so we cannot guarantee that such requests will be approved.
Please do not include any information in your comments or supporting documents which is not required for the planning process. In particular please refrain from sending us sensitive information such as health or medical details where these are not required as part of the issue or policy document being considered.
Please also refrain from including personal information about other people in your correspondence with us.
We reserve the right not to publish any documents containing perceived insulting, offensive, abusive, obscene, prejudiced or discriminatory comments.
Personal data will be held securely by the Council. We have a data protection regime in place to oversee the effective and secure processing of your personal information, and also utilise appropriate technical safeguards to keep your information secure.
If you have a concern about the way we are collecting or using your personal data, we request that you raise your concern with us in the first instance with Steve Maxey, Data Protection Officer (PolicySupport@NorthWarks.gov.uk). Alternatively, you can contact the Information Commissioner’s Office at https://ico.org.uk/make-a-complaint/
The Council collects and uses personal information for a number of purposes across all of its departments and functions. To find out more about how the Council uses the personal information it collects, please refer to the Corporate Privacy Notice: www.northwarks.gov.uk/privacy
If you change your address, email and wish to remain on our Local Plan Mailing List database, please contact us on 01827 719499 or by email at firstname.lastname@example.org or write to us at The Forward Planning Team, The Council House, South Street, Atherstone, CV9 1DE
Last updated Tuesday, 21st May 2019