This privacy notice is designed to help you understand how and why the 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 planning service undertake the functions set out by the town and country planning acts. Determination of planning applications and enforcement is within the development management service.
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
The council also provide discretionary services including pre-application advice and responses to general enquiries. A charge is made for these services.
The council has appointed Veritau to be its data protection officer. Their contact details are:
Information Governance Office
Veritau
West Offices
Station Rise
York
North Yorkshire
YO1 6GA
Email: infogov@northyorks.gov.uk
Tel: 01904 552848
What personal information do we collect?
North Yorkshire council will collect the following personal information in relation to planning:
- names, address and contact details of the applicant, any affiliated agents and those making representations.
- information about the site, its context and the proposed development
- details, including certification, of the landowner and any tenants (name and address details)
- details about any payments made to the council
- commercially and/or financially sensitive information (where required)
- information relating to your contact with the council (email, letter, telephone) such as comments, representations and questions submitted to the council regarding planning
Although the planning service doesn’t routinely collect special category data on occasions it may process details about an individual’s medical condition or disability if relevant to the application process (for example building adaptations or exemption to required planning fees).
Why do we collect your personal information?
The planning service uses personal data so that it can fulfil its statutory functions (as above) and consider planning decisions including, but not necessarily limited to:
- planning and other applications (e.g. listed building consent, advertisement consent, etc.) submitted under primary and secondary planning legislation
- notifications
- tree preservation orders
- local plan preparation
Who do we obtain your information from?
Planning applications are usually supplied to us via the planning portal, this is a third party website. Applications are also submitted directly to the council.
Comments are received from members of the public and consultees via public access (a third-party website) and also directly to the council.
Who do we share this information with?
We are required to make details of applications available online so that people can contribute their comments. Comments made via public access are displayed as set out by the author. When documents are submitted directly to the council and before publication of application documents, we routinely redact the following details before making forms and documents available online:
- personal contact details for the applicant - e.g. telephone numbers, private email addresses
- signatures
- special category data - e.g. supporting statements that include information about health conditions or ethnic origin
- information agreed to be confidential
If you are submitting supporting information which you would like to be treated confidentially or wish to be specifically withheld from the public register, please let us know as soon as you can - ideally in advance of submitting the application or comments. Please note that the council may decide that confidentiality is not in the public interest.
We are also required to ask other organisations to provide their opinions regarding proposed developments. These are known as statutory consultees under Article 10 of The town and country planning (general development procedure) order 1995. These include organisations such as the environment agency, and parish/town councils. We share the information submitted with the application to these organisations. Further information can be found on the town and country planning (general development procedure) order 1995 legislation page.
We are also required to supply information to the Planning Inspectorate and other Governmental organisation such as the local government ombudsman and the courts.
We invite comments by means of customer surveys from applicants and/or their agent to see how we can improve our services.
How long do we keep your information for?
|
Data held |
Retention period |
|---|---|
|
Applications submitted under the planning acts |
Application form and supporting documents, proposed plans, planning report, decision to be retained permanently. All other documents retained for 10 years. |
|
Planning appeals |
Application form and supporting documents, proposed plans, planning report, appeal statements, and decision to be 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 |
What is our lawful basis for processing your information?
Hambleton district 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
- UK GDPR Article 6 (1) (e) – processing is necessary for performance of a task carried out in the public interest
In the limited circumstances where we process special category data, the council will rely on the following lawful basis:
UK GDPR Article 9 (2) (g) – processing is necessary for reasons of substantial public interest with processing 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
The legislations, policies and guidance that relate to this service includes, but is not limited to:
- town and country planning act 1990
- the town and country planning (general development procedure) order 1995
For more information about how we use your data, including your privacy rights and the complaints process, please see our corporate privacy notice.