Privacy notice planning application
We collect information about you in order to process a planning or planning related application (including any associated legal agreement) and any subsequent appeal that has been submitted by you (the applicant) or on your behalf by an agent. This also included environmental screening and scoping opinion requests.
The information we collect
As part of this process we will be asking you for:
- applicant’s name, address and contact details
- agent’s name address and contact details
- contact details for gaining access to the site
- evidence of disability if claiming a free planning application on the ground of disability
- evidence supporting your application. In the main this will be plans and technical statements but within this you may include personal, financial, medical or ethnic information to justify your application
Why we collect this information
- planning legislation requires that the application and supporting information is submitted to enable the application to be processed and a decision to be made
- as part of determining an application, legislation requires that public consultation is carried out and application information is made available for inspection by the public or anyone with an interest in the application
- planning legislation requires that a register of applications is maintained by us for public inspection
- planning information has to be revealed in Local Land Charges Searches
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)
The legislation states what information needs to be submitted and without the information the application is invalid and cannot be determined.
Who we might share your information with
We may share your personal information with:
- information will be recorded onto the joint Planning and Building Control data base 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
- planning legislation specifies the publicity requirements for the different types of planning applications. All information submitted as part of a planning, listed building, advertisement consent, prior notification or works to trees application and the application and correspondence relating to that application will be available for public inspection on our website. We will aim to redact telephone numbers, email addresses and signatures so they cannot be viewed by the public on the website. The only exception is on planning drawings where the author will put their contact details on a plan as part of their copyright information. In this case we do not redact their phone number or email
- where other personal information is provided as part of the application such as medical information and bank account details, we will also aim to redact it so it cannot be viewed on the website. Any paper copies of applications are not redacted.
- planning application information forms part of the planning register under section 40 of the Town and Country Planning (Development Management Procedure Order)(England)Order 2015. It must be made publically available as it forms part of the planning history for a property or piece of land
- planning legislation requires that certain public bodies are consulted on applications. They are known as Statutory consultees and they need to see the applications to be able to comment. Most view the redacted applications through the website but there are occasions when the consultee needs to view an unredacted copy in order to be able to provide a full response.
- parish councils and neighbourhood plan bodies must also be notified about most applications within their area. Parish/town councils are provided with an unredacted paper copy of the application so they can consider the application at their parish/town council meetings and also make a copy available in their offices for the public to view. They may display the application at their parish/town council meetings
- legislation requires that lists of certain applications are published in the local press
- a full list of valid planning applications is published on our website each week and a copy of this list is emailed to various bodies and people who have requested that they receive a copy of this list by email.
- planning information is shared with Local Land Charges as they are legally required to reveal planning information in local searches under the Local Land Charges Act 1975 and Rules 1977
- information may be shared with the South Downs National Park Authority where we hold information relating to the area where they are now the Planning Authority
- information may be shared with adjoining Local Authorities where the site may fall across two Local Authority Areas or where the scheme is likely to have an impact on the adjoining authority
- information will be shared with West Sussex County Council to enable them to fulfil their duties as the county council
- other internal departments may wish to access planning information and all information from the public domain will be shared with other internal departments.
- the street naming and numbering team will have access to your data to enable the creating of new property records for planning
- where there is an ongoing legal agreement forming part of the application, it may be necessary to share the information with other departments and external bodies to monitor that the legal terms are complied with.
- it may be necessary to share unredacted information with Legal or Finance as part of carrying out our functions as the Local Planning Authority
- on occasion, we may outsource the processing of planning applications to third parties, contractors or consultants. If this is done they will be 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
- if you are a regular agent, the planning department may contact you to update you with information in relation the processing of planning applications. For example when there is a change to the legislation or a fee increase. Your information will only be used to contact you with planning information and will not be used by other departments or for marketing purposes
- a customer satisfaction survey is carried out from time to ensure that we are meeting our customer’s expectations and to enable us to review what we could do better to make the planning process quicker and clearer for applicants and agents. Your contact information will only be used in connection with your experience of the planning application process and will not be used for marketing purposes. If you do not wish to proceed with the survey then you are free to decline
- information may be shared with the police to assist them with investigations
- if we receive a request, under the Freedom of Information Act (FOI) or Environmental Information Regulations (EIR), to disclose information relating to planning applications, they 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
What we do with your information?
Your information is used to enable us to determine your application and will form part of the planning register and planning history relating to the property/site.
How long we will keep your information?
All information submitted as part of an application and the outcome of the application are kept indefinitely as they form part of the planning history relating to a property or piece of land. The planning register needs to be kept available to the public and planning information needs to be revealed as part of the Local Land Charges.
You can also contact our Data Protection Officer by email at email@example.com.
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/.