This privacy notice is designed to help you understand how and why North Yorkshire Council processes your personal data. 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).
The community infrastructure levy (CIL) is a planning charge, introduced by the planning act 2008 as a tool for local authorities in England and Wales to help deliver infrastructure to support the development of their area. Developments will be liable for community infrastructure levy if your development creates floorspace of 100m2 or more or if it creates a dwelling of any size. Community infrastructure levy legislation requires us to collect data relating to applicants, agents, liable parties, landowners and interested parties as appropriate. We will use your personal data as part of the councils statutory duties in relation to the administration of the community infrastructure levy.
The council has appointed Veritau to be its data protection officer. Their contact details are:
Information Governance Office
Tel: 01904 552848
What personal information do we collect?
In relation to the community infrastructure levy, the council will process the following personal data:
- basic personal information including name, address and contact details
- records of correspondence, this includes any contact by email, letter or telephone
- financial details (associated with payment of fees and evidence documents)
- photographs (of development site)
- any other information you provide to us which is required by the community infrastructure levy regulations, including data which may include personal identifiers - this refers to the instances where the regulations require copies of documents such as compliance certificates, bank statements, mortgage/insurance details, utilities bills and title deeds to be sent etc
Why do we collect your personal information?
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.
Who do we obtain your information from?
In relation to community infrastructure levy, we may also receive information about you from third parties, including planning agents and interested parties such as those which you have appointed to act as your representative.
Who do we share this information with?
Internally within North Yorkshire council, we may share information as follows:
- to check occupier details with council tax if a community infrastructure levy relief has been applied
- to register community infrastructure levy as a land charge
- for the monitoring and enforcement of community infrastructure levy liabilities
Externally to the council, we will share information with the following:
- the planning inspectorate (PINS) or the valuation office agency (VOA), for the purposes of determining community infrastructure levy appeals and proceeding with any enforcement action to recover due monies
- if obligations are required on a development, under community infrastructure levy, the council are required to record these on the local land charges register - we may use your information for the purpose of performing any disclosures required by law to persons requesting a search on the local land charges register
- Any community infrastructure levy Notices bearing your name and address will be copied to any other persons who have a material interest in the land contained within the red edge of the planning application/permission
How long do we keep your information for?
The council will hold information relating to community infrastructure levy until all obligations are discharged. Community infrastructure levy is discharged once all payments have been received or / and any relief periods have been completed. As payment isn’t due until at least the commencement of the development this could be at least 3 years from the date planning permission was granted. In the case of community infrastructure levy reliefs, these are applied and will again have different periods depending on the type of relief but generally will be for a period of 3 or 7 years from the completion of the development.
What is our lawful basis for processing your information?
North Yorkshire council relies on the following lawful basis to process your personal data:
- UK GDPR Article 6(1)(c) – processing is necessary for compliance with a legal obligation to which the controller is subject
This is in pursuance with the following legislative texts:
- community Infrastructure Levy Regulations 2010 (as amended)
- the planning act 2008 (as amended)
- the planning and compulsory purchase act 2004 (as amended)
- the town and country planning act 1990 (as amended)
For more information about how we use your data, including your privacy rights and the complaints process, please see our corporate privacy notice.