Privacy notice comments on planning applications

We collect:

• your name, address and contact details
• any information you have included as part of your comment including any supporting documentation such as reports or photographs

Planning legislation requires that where there is a publicity requirement, we take into account any representations that are made when determining the application and advise people who have commented on the application of the outcome and any subsequent appeal

The legal basis for using this information is contained in planning related legislation including but not restricted to:

• The Planning Act 1990
• The Planning (Listed Building and Conservation Areas) Act 1990
• The Town and Country (Control of Advertisements) Regulations
• The Town and Country Planning (General Permitted Development)(England) Order 2015
• The Town and Country (Development Management Procedure) (England) Order 2015)(as amended)

We may share your personal information with/on:

• the joint planning and building control database and document management system, which may be accessed by staff working in these departments and staff in other departments who work on behalf of planning such as our contact centre who deal with planning related enquiries
• our website, your comments form part of the application and as such become part of the planning history. The comments and your name and address will be published on the website although we will aim to redact your personal information such as your telephone number, email and signature. We strongly advise you not to include information of a personal nature such as medical or financial details within your representation
• third parties, contractors or consultants, if we outsource the processing of applications. If this is done they will have access to your comments but they are obliged to comply with our data protection policies and will not be able to use your information for any other purpose than processing the request on our behalf. They will not use or pass on your information for any other purpose than processing applications
• Planning Inspectorate, if there is a subsequent appeal, copies of all letters of representation are forwarded as part of the appeals process as contained in the Planning Act 1990 and the subsequent appeal regulations.

In addition, if we receive a request under the Freedom of Information Act (FOI) or Environmental Information Regulations (EIR), to disclose information relating to representations, we are obliged to do so unless the information is deemed exempt under the Act. We can only withhold information under FOI or EIR if the information falls under one of the exemptions (FOI) or exceptions (EIR) set out in legislation.

 

Your information is used to help us to decide planning applications and a summary of your comments will be included in the case officer’s report. The report will indicate the nature of your comment and whether or not it can be taken into consideration as a material planning consideration. Your original letter will be retained as this forms the evidence of the comments that were received.

A copy of any representations made will be forwarded to the planning inspectorate should there be a planning appeal or to the courts should there be a Judicial Review.

You will receive details of material amendments to the application, details of the Planning Committee if it is going to be considered at one as well as decision and appeal details.

Your original comments as well as a summarised version as contained in the report will be retained as part of the planning file indefinitely as it forms part of the planning history.

You do have some legal rights in respect of the personal information we collect from you. Please see our Privacy policy page for further details.

If you have a concern about the way we are collecting or using your personal data, you should raise your concern with us in the first instance or directly to the Information Commissioner’s Office at: https://ico.org.uk/concerns/.

You can also contact our Data Protection Officer by email at data.protection@arun.gov.uk.