This notice should be read in conjunction with our corporate privacy notice.
Who are we?
North Yorkshire Council is a ‘Data Controller’ as defined by Article 4(7) of the UK General Data Protection Regulation (UK GDPR).
What personal information do we collect?
In order to deliver these planning services to our residents, we need to collect both personal and special category data depending on the specific service being delivered.
Personal data may include:
- name and contact details
- addresses
- date of birth
- education history (for example, qualifications)
- correspondence
- recorded images, such as photos or videos
- family and relationships
Special category data may include:
- racial or ethnic origin
- religious or philosophical beliefs
- health information (including dietary requirements, allergies and health conditions)
- sex life information
- sexual orientation information
Criminal conviction and offence history data may include:
- criminal offence data (including Disclosure Barring Service (DBS), Access NI or Disclosure Scotland checks)
- health and safety information
Why do we collect your personal information and what is our lawful basis for processing?
We need to collect this information in order to fulfil our obligations in regard to the provision of the following services:
Service
Section 106 allocation for community projects
Purpose
Section 106 (S106) agreements are legal agreements between local authorities and developers in relation to planning. When a planning application is determined to have an obligation to public open space, sport and recreation, the council administers the process of allocating S106 contributions towards community projects within the area of development to improve or enhance public open space, sport and recreation in line with planning policy.
Lawful basis
UK GDPR Article 6(1)(c) - processing is necessary for compliance with a legal obligation to which the controller is subject.
Service
Planning policy consultations
Purpose
The council is required to host consultations relating to these areas of planning policy development:
- the Local Plan, its review and supporting evidence
- planning policy, such as supplementary planning documents
- planning guidance and advice notes
- conservation area appraisals
- community infrastructure levy
- neighbourhood plan submission consultation
- self-build register
Lawful basis
UK GDPR Article 6 (1)(a) – the data subject has given consent to the processing of his or her personal data for one or more specific purposes.
UK GDPR Article 6(1)(c) - processing is necessary for compliance with a legal obligation to which the controller is subject.
Service
Planning services
Purpose
As the local planning authority, we are required to fulfil certain statutory functions including:
- making decisions and providing advice on planning applications and other applications and procedures under the planning acts
- making local planning policies
- working with neighbourhoods on their plans
- working with neighbouring authorities on strategic policies
- responding to allegations of unlawful development
- monitoring development
- entering into legal agreements, serving notices and promoting the best use of land
Lawful basis
UK GDPR Article 6(1)(c) - processing is necessary for compliance with a legal obligation to which the controller is subject.
UK GDPR Article 6(1)(e) – processing is necessary for the performance of a task carried out in the public interest.
UK GDPR Article 9(2)(g) – The processing of your special category data is necessary for reasons of substantial public interest (with a basis in law), meeting Schedule 1, Part 2 of the Data Protection Act 2018 as below:
- (6) statutory and government purposes
- (16) support for individuals with a particular disability or medical condition
Service
Community infrastructure levy
Purpose
The council uses your personal information in order to deal with planning obligation related matters such as the determination of community infrastructure levy liabilities, checking previous reliefs and exemptions granted to ascertain eligibility, answer queries on land searches, populate the local land charges register and to check for discharge of S106 related obligations.
We will also use your personal information in order to consult with you on planning applications and to consult you on, notify or inform you of planning obligation related matters.
Lawful basis
UK GDPR Article 6 (1)(c) – processing is necessary for compliance with a legal obligation to which the controller is subject.
Who do we share this information with?
In the course of delivering these planning services, we may need share your information with a number of external agencies who are key to delivering our services. These include:
- Environment Agency and parish/town councils
- Planning Inspectorate, Valuation Office Agency and Local Government Ombudsman
- applications are published online so that people can contribute comments
- The Planning Inspector appointed by the Secretary of State and the programme officer who works on behalf of the inspector or the appointed examiner for the community infrastructure levy or the appointed examiner for neighbourhood plans
- Courts and Tribunal Services
We will also share data appropriately with other agencies in the following circumstances:
- where there is a serious risk of harm to you or others
- where there are concerns for the welfare of an adult at risk
- where a court requires us to share information about you
How long do we keep your information for?
The following table details the retention periods for records relating to the specific services stated above:
Section 106 allocation for community projects
| Data held | Retention period |
|---|---|
| Personal data for projects allocated and funding from section 106 and community infrastructure levy funds designated for public open space, sport and recreation. | 6 years following allocation of funding. |
Planning policy consultations
| Data held | Retention period |
|---|---|
| Your personal data will be held for the specific purpose of the planning policy consultation until: | The period for legal challenge on the Local Plan or other planning policy documents has ended. This period is 6 weeks from the day after adoption of the Local Plan, or three months for supplementary planning documents. If you are subscribed to a mailing list, your personal data will be held until you notify the council that you no longer wish it to be retained. |
Planning services
| Data held | Retention period |
|---|---|
| Applications submitted under the planning acts | Application for and supporting documents, proposed plans, planning report and decision retained permanently. All other documents retained for 10 years |
| Planning appeals | Application for and supporting documents, proposed plans, planning report and appeal statements retained permanently. All other documents retained for 10 years |
| Planning enforcement | Investigation forms and supporting documents, plans, enforcement report, decision to be retained permanently. All other documents retained for 10 years |
| Planning enforcement appeals | Permanently |
| Land charges | Permanently |
| Community infrastructure levy data | Permanently |
| Pre-application enquiries and other general enquiries | 15 years or for the lifetime of the subsequent Local Plan |
Community infrastructure levy
| Data held | Retention period |
|---|---|
| The council will retain community infrastructure levy information until all payments are made and any relief periods end. | Payment is not due until development begins, which may be at least 3 years after planning permission is granted. Community infrastructure levy reliefs apply for varying periods, generally 3 or 7 years from completion of the development. |
Other relevant transparency information
The legislation, policies and guidance that relates to these services include, but is not limited to:
- Community Infrastructure Levy Regulations 2019
- Town and Country Planning Regulations 2012
- The Planning Act 2008
- Planning and Compulsory Purchase Act 2004
- Town and Country Planning Order 1995
- Town and Country Planning Act 1990
Other data that we may hold about you is only kept for as long as is necessary and all data is retained in line with our record retention and disposal schedule (RRDS).
For more information about how we use your data, including your privacy rights and the complaints process, please see our corporate privacy notice.