Section 106 allocation for community projects privacy notice

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).

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 pace, sport and recreation in line with planning policy.

To access S106 funding allocations, parishes submit a public open space, sport and recreation action plan that identifies projects that are eligible to be funded by S106 monies. Each action plan is considered by the council’s cabinet for approval. If the action plan is approved and when S106 funds become available, funding is allocated to the projects in order of priority. This privacy notice is intended to explain how the personal data of applicants will be processed in relation to the project.

The council has appointed Veritau to be its Data Protection Officer. Their contact details are:

Information Governance Office


West Offices

Station Rise


North Yorkshire



Tel: 01904 552848

What personal information do we collect?

In relation to Section 106 allocations, the Council will process the following categories of personal data of the organisation’s representative:

  • Full name
  • Full address
  • Email address
  • Telephone number

In addition, we may ask for the following organisation details:

  • organisation name, address, telephone number and email.
  • governance information for example; constitution, articles of association & trust deeds
  • financial / accounts information
  • bank details
  • names and, if appropriate, contact details of trustees / directors

Why do we collect your personal information?

We collect and process your personal information to be able to contact you regarding section 106 allocations and to manage the transfer of funds for agreed projects.

Who do we obtain your information from?

Information is obtained directly from the organisation who has been allocated section 106 contributions for their project.

Who do we share this information with?

Within the council, we will share information with the following internal departments:

  • the communities team in the council to process the funding requests and manage the scheme
  • planning for the processing of claims
  • applicant information of successful applicants is seen by Finance officers of the council to manage the grant finances

How long do we keep your information for?

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

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.

The legislation, policies and guidance which relate to this service include, but is not limited to:

  • the planning act 2008 (as amended)
  • the town and country planning act 1990 (as amended)
  • community infrastructure levy (amendment) (England) (No. 2) Regulations 2019

For more information about how we use your data, including your privacy rights and the complaints process, please see our corporate privacy notice.