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Planning Privacy Notice

The Planning Services Privacy Notice

 

The Planning Service at New Forest District Council is committed to protecting and respecting your privacy. For the purpose of the General Data Protection Regulation (GDPR) and the Data Protection Act 2018, the Data Controller is

New Forest District Council, Appletree Court, Beaulieu Road, Lyndhurst, Hampshire SO43 7PA (data.controller@nfdc.gov.uk).

This Privacy Notice must be read in conjunction with the Council's overarching Privacy Notice.

http://www.newforest.gov.uk/article/4549/Privacy-Notice

It aims to explain:

1. The different kinds of personal data we process

2. How we use your data

3. How we store your data

4. Why we process your data

5. When and why we share your information

6. What are the legal grounds for processing your information

1. What kind of personal data do we process

When you contact Planning Services we will routinely collect certain personal information from you in order to be able to assist you with your enquiry, application query or comment.

The type of information we collect will depend on the nature of the enquiry: general enquiry, pre-application enquiry, planning application, enforcement case or comments on an application or appeal you, or a third party, are making; or comments submitted in connection with the production of planning documents such as the Local Plan and Supplementary Planning Documents (SPDs).

Personal data that may be processed about you includes your name your phone number(s), your email address and your home address, your date of birth, marital status, gender, and vehicle information.

In accordance with the GDPR certain information is defined as special category data. This includes information related to:

  • race;
  • ethnic origin;
  • politics;
  • religion;
  • trade union membership;
  • genetics;
  • biometrics (where used for ID purposes);
  • health;
  • sex life; or
  • sexual orientation.

There may be circumstances where special category data, or other personal information which is of a sensitive nature such as details of personal vulnerabilities and financial information regarding yourself or your existing or proposed business interests may be processed by the Council.

We will only ask for personal information that is appropriate to enable us to deliver our services. If you refuse to provide personal information that has been requested this will impact on our ability to provide some services to you.

2. How we use your data

We use your information in a variety of ways:

  1. To process your request, for example to reply to any planning, enforcement or local land charge enquiries, including pre-application matters such as on the need for planning permission or the likelihood of obtaining it, or information related to plan-making and policies.

  2. To process any planning or related application, or comment, you submit. Please note;

    • Once validated, all applications, and supporting documents, submitted including statements, photographs, plans, drawings and viability statements will be made available on the Council's website and made available to internal and external consultees.

    • Before information is displayed on our website or submitted to consultees or ,in the case of an appeal, the planning inspectorate it is checked and certain personal data (for example, all signatures, personal phone numbers and personal email addresses) is redacted.

    • If the submitted documents or comments contain any special category data we will ask you to agree to it being removed or to complete a form giving consent for us to hold and display it on the Council's planning website and send it to external and internal consultees and other bodies. If consent is not provided, the special category data will be deleted and it will not be taken into consideration in the determination of the application.

  3. To confirm your identity (name and address) when you make a planning or land charge enquiry or comment on any planning or related application or appeal, or make comments or representations on a development plan document, so we know where the comment or information came from and can weigh the relevance of any comments made.

  4. To help us investigate any planning enforcement concerns or complaints or other complaints that you may have about the Planning Development Management or Policy and Strategy Services that you are or have received from us including the reasons for your concerns. (Enforcement cases remain confidential and at no time will we divulge the details of complainants who have informed us of alleged planning breaches without their consent.) If your complaint contains any special category data we will ask you to agree to it being removed or to complete a form giving consent for us to process this data. If consent is not provided, the special category data will be deleted.

 

  1. To build a picture of your rationale for the planning proposal you are making as to any planning application or pre application enquiry you may make. (For example through the submission of an agricultural need case or a development viability assessment.) or to understand the basis of any concerns you wish to raise.

    3. How we store your data

    The information we collect is recorded on our secure database that contains both scanned copies of documents and images. As outlined in 2 (b). above this information is also published on the Council's website redacted as required.

    The Council is required to keep certain information, which forms part of the statutory Planning Register indefinitely and it will remain published on the Council's website. This includes:

  • Application forms, plans and drawings;

  • Legal agreements;

  • Design and access statements.

After a matter has been concluded or decided (including any period required for a planning appeal to be determined) or a planning document has been adopted, or when it has been superseded by the adoption of a replacement plan or guidance, all personal information held by the Council, that is not required to be kept by the Council as part of the statutory planning register, is deleted in accordance with our data retention policy. This is summarised below:

  • Comments submitted by third parties will be removed from the website one year after the decision on the relevant application has been made. All other documents, which do not form part of the statutory Planning Register will be removed from the website (and deleted by the Council) six years after the decision on the relevant application has been made.

  • In terms of planning enforcement no details are displayed on the Council's website and personal data which the Council is not required to keep as part of the statutory Enforcement Register is deleted ten years after a matter is concluded..

  • All pre-application enquiries are deleted six years after advice has been given.

Information on the Planning and Enforcement register requirements can be accessed via the following link.

https://www.gov.uk/guidance/making-an-application

4. Why we process your data

We need to process your data in order to provide you and the community with the planning related services that you are requesting, examples include:

  • Making or commenting on planning or related applications or appeals

  • Making an enforcement complaint.

  • Making a planning pre application enquiry

  • For the purposes of consulting you on the production of new planning documents or updates to existing planning documents.

  • Submitting a Land Charges enquiry

     

    5. When and why we share your information

    Sometimes, in order to process your enquiry, deal with your complaint, process your application or consider your comments/ representations, we need to share the information that you give us; either with other service departments within New Forest District Council (for example Housing, Legal, Environmental Health and Economic Development), other external 'partner' organisations (for example Local Town & Parish Councils, New Forest National Park Authority, Hampshire County Council, Natural England and the Environment Agency), our external expert advisers and the Planning Inspectorate (Secretary of State). We also send information to local media.

    Below is a list of the most common Council Services or external bodies that we share information with. This is not an exhaustive list given the nature of planning and the wide plethora of issues covered. Information may, therefore, need to be shared with other services within the Council or external bodies in order to process your enquiry, information or representation.

NFDC Coastal

When specific local flood risk or coastal erosion issues are raised we consult our in house drainage engineers who sit within the Coastal Team.

NFDC Estates

Estates provide an input in terms of development viability, estate management and housing need matters

NFDC Economic Development

Are consulted with regard to planning applications and other matters raising relevant matters.

NFDC Open Spaces

Are consulted on all applications proposing significant open space provision especially when ownership and management may well end up with NFDC.

NFDC Environmental Health

Are consulted on all applications that raise issues of concern to them.

NFDC Legal Services

For the provision of legal advice.

Hampshire County Council e:g, Highways, Education, Footpaths and rights of way flood risk and gypsy liaison

We consult HCC widely when pre application enquiries are received in order to ensure a comprehensive response can be provided. We consult them less frequently on planning enforcement matters.

New Forest National Park Authority, Ecology, Archaeology, and National Park Matters and until 1st April 2019 Design and Conservation and Trees

We consult the Park Authority widely on planning matters, particularly when there may be an impact on the National Park. When pre application enquiries are received in order to ensure a comprehensive response on matters they deal with on our behalf and as a National Park. We consult them less frequently on planning enforcement matters.

The Environment Agency

Comment on flooding and river ecology related matters on both pre application and enforcement matters.

Local Newspapers

We publish mandatory planning notices in a Local Newspaper and circulate lists of all planning applications received to various bodies including local newspapers.

Natural England

Comment on natural environment matters especially concerning designated areas on both pre application and enforcement matters, as well as on planning policy matters, including application of the Habitats Regulations.

Wessex Water and South West Water

Comment on water management related matters on both pre application and enforcement matters.

Health and Safety Executive

Comment on relevant matters in known hazard zones on both pre application and enforcement matters.

External Valuers

Comment on development viability matters on both pre application and enforcement matters.

Agricultural Consultants

The Council uses various Agricultural Consultants to comment on the need for agriculture related development on both pre application and enforcement matters.

Planning Inspectorate

The Council supplies the Planning Inspectorate full, details of any planning application including comments received if a planning appeal is lodged

6. What are the legal grounds for processing your information

  1. With your consent;

  2. Where it is necessary for the performance of a public task for the official functions of the Council; for example dealing with a planning application or pre application enquiry you have submitted or taking your views on board as part of dealing with an application you are concerned about or ,investigating an alleged breach of planning control, or acquiring information of public interest to inform the preparation of a plan or policy document.

  3. In order to comply with a legal obligation; for example when dealing with a planning or related application or appeal; and consulting on the preparation of a development plan document - Local Plan and Supplementary Planning Documents, or other planning guidance published by the Council, or to comply with the statutory planning register requirements.

  4. Where it is in the legitimate interest of the Council to do so;

  5. With your explicit consent or where there is a substantial public interest; for example when dealing with special category data.

     

    Where we rely on your consent, please be aware that you have the right to withdraw this consent at any time. However, where the personal data is processed in relation to an application, the data will be deleted and will not be taken into consideration in the determination of that application.

    Following the determination of an application you may withdraw your consent in relation to the publishing on the Council's website only.

    We work hard to ensure that we only gather information that we need to process your enquiry, complaint, comment or application and deliver the services that you are entitled to in the best way possible. However, if you have any concerns relating to this or your Privacy in general, please speak to (or contact) one of our Planning Development Management or Policy and Strategy Team at (dev.control@nfdc.gov.uk or policyandplans@nfdc.gov.uk)

    or email our Data Protection Officer on data.protection@nfdc.gov.uk

    More Information

    For further information, plus information on access, portability, withdrawal of consent, correction, etc. please see New Forest District Council's 'Information Rights Policy' which is available on the NFDC website at: http://www.newforest.gov.uk/article/18215/GDPR

    For more information on Data Protection in general, or if you wish to make a complaint relating to how your personal data has been used, please contact the Information Commissioner Office:

    Website: https://ico.org.uk/ 
    Phone helpline: 0303 123 1113
    Email: casework@ico.org.uk

     

Updated: 23 Apr 2019
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