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Planning Privacy Notice

Planning Development Control (including Land Charges) and Policy and Strategy Services Privacy Notice

The Planning Development Control and Policy and Strategy Service at New Forest District Council is committed to protecting and respecting your privacy. For the purpose of the 2018 General Data Protection Regulation, the Data Controller is New Forest District Council, Appletree Court, Beaulieu Road, Lyndhurst, Hampshire SO43 7PA (data.controller@nfdc.gov.uk).

When you contact Planning Development Control and Policy and Strategy Services by phone, email or post, in order to deal with any service related matter you raise or wish to comment on we will ask you for certain personal information in order to be able to assist with your enquiry or comment. This information will need to be recorded and stored on our systems for a defined period.

This Privacy Notice 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 Development Control or Policy and Strategy Services we will routinely collect certain personal information from you, for example: your name, your phone numbers, your email address and your home address and, at times, we may need or you will want to supply other personal information such as your date of birth, marital status, gender, vehicle information, ethnic status, information on family members, medical, health or details on vulnerabilities and financial information regarding yourself or your existing or proposed business interests.

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

2. How we use your data

We use your information in a variety of ways:

  • To process your request, for example to reply to any planning 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.
  • To confirm your identity (name and address) when you make a planning or land charge enquiry or comment on any planning 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.
  • To help us investigate any planning enforcement concerns or complaints or other complaints that you may have about planning development control or policy and strategy services that you are/have received from us including the reasons for your concerns.
  • 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.)

3. How we store your data

The information we collect is recorded on our secure database. Information on planning or related applications and appeals and comments and representations on our planning documents are generally available via our website with certain details redacted namely personal, but not business phone numbers, email addresses.

Ten years after a matter has been decided 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 on our database that is not required to be kept by the Council as part of the nationally applied planning register requirements is deleted.

Information on the planning register requirements can be accessed via the following link. https://www.gov.uk/guidance/making-an-application

This information is kept in full and will include personal data such as property addresses and contact details but only redacted copies of these documents removing the information set out above are viewable via the website.

4. Why we process your data

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

  • Making or commenting on planning 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, in accordance with the methods as set out in our Statement of Community Involvement (SCI).

5. When and why we share your information

Sometimes, in order to process your enquiry 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) or with other external 'partner' organisations (for example Local Town & Parish Councils, New Forest National Park Authority, Hampshire County Council, Natural England and the Environment Agency), and the Planning Inspectorate (Secretary of State).

Below is a list of the most common NFDC service areas or external bodies that we share information with. This is not an exclusive list given the nature of planning and the wide plethora of issues covered. Information may therefore need to be shared with other services within NFDC 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.

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 Design and Conservation, Trees, Ecology, Archaeology, and National Park Matters

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.

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.

District 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.

6. What are the legal grounds for processing your information

  1. With your consent
  2. Where it is in the public interest to do so; 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 when dealing with a potential breach of planning control you have raised or may have committed.
  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.
  4. Where it is in the legitimate interest of NFDC to do so; for example investigating an alleged breach of planning control, or acquire information of public interest to inform the preparation of a plan or policy document.
  5. With your explicit consent or where there is a substantial public interest. For example when dealing with sensitive issues, such as health related or if you are a vulnerable resident as part of the overall development control process.

We work hard to ensure that we only gather information that we need to process your enquiry 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 Control or Policy and Strategy Team

(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: 22 May 2018
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