Privacy notice for Planning

What do we use the information for?

We collect, process and hold your personal information in order to provide our service effectively.

  • To respond to requests for advice as to whether planning permission is required
  • To provide pre-application guidance
  • To investigate reported breaches of planning regulations and take appropriate action
  • To progress and make decisions on planning applications on behalf of applicants and/ or agents
  • To progress and make decisions on works to trees with a Tree Preservation Order or within a Conservation Area.

We also use information to improve our services so that they are more appropriate to people’s requirements.  We recognise that your personal information is important to you, and we take our responsibilities for ensuring that we collect and manage it proportionately, correctly and safely very seriously.

What information do we hold and use?

We collect and process the following information:

  • Personal information (including full name, full residential address) 
  • Location data (including postcode and telephone number)
  • Contact details (such as email address) 
  • Characteristics (such as disability)
  • Comments on planning applications
  • Planning application decisions (including officer reports)
  • Requests for planning advice.

On what grounds do we use the information?

Planning collects and lawfully processed your personal information under the following: 

  • Town and Country Planning Act 1990
  • Town and Country Planning (Tree Preservation) (England) Regulations 2012.

We process personal data for the following reasons:

  • 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
  • GDPR Article 6(1)(b) - processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract
  • GDPR Article 6(1)(c) - processing is necessary for compliance with legal obligation to which the East Riding of Yorkshire Council is subject 
  • GDPR Article 6(1)(e) - processing is necessary for the performance of a task carried out in the public interest in the exercise of official authority vested in the East Riding of Yorkshire Council. 

We process special category data for the following reason:

  • GDPR Article 9(2)(a) - the data subject has given explicit consent to the processing of those personal data for one or more specified purposes, except where Union or Member State law provide that the prohibition referred to in paragraph 1 may not be lifted by the data subject.

How do we collect this information?

We may collect information in the following ways:

  • Paper, electronic or online application forms
  • Email
  • Telephone
  • Letter
  • Face to face, with one of our employees, or one of our partners
  • via the Planning Portal
  • via the Flexi-Grant System
  • via other third party portals specific to the process of validating planning applications.

Who do we share your information with?

We may disclose your information to others, but only where this is necessary either to comply with our legal obligations or as permitted by Data Protection legislation. We may share it with other public service bodies including the planning inspectorate, enforcement agencies and the police.  We may also engage the services of professional planning consultants and external planning companies to assist us in our ongoing projects and workloads.  

The reasons why we may share your data with other public bodies or third-party consultants and companies are as follows:

  • To improve our understanding of your needs to enable us to inform you of other relevant services
  • To monitor and improve our performance and delivery of services
  • For application consultation purposes, in order to progress applications
  • Requirement to provide relevant information relating to a planning appeal
  • For the prevention and or detection of crime
  • Where necessary to protect individuals from the risk of harm or injury
  • Where otherwise permitted under the General Data Protection legislation.

To allow the council to communicate and provide services appropriate to your needs, we may also share your information internally with our building control services team who may contact you in order to promote their building regulation services.

We will only disclose your sensitive or confidential information to a third party if we are legally required to do so, or where we have good reason to believe that failing to share the information would put you or someone else at risk of harm.

We will not pass your personal information to external organisations for marketing or sales purposes or for any commercial use without your prior expressed consent.

Planning applications are published on the council’s website so that the public and any interested parties can comment on the proposals. We will redact personal signatures, e-mail addresses and phone numbers before publication.  

Advice is provided on the council’s website as to when information supporting a planning application can be regarded as confidential and therefore not published.

Pre-application advice will be considered as confidential unless, and until, a planning application is submitted.

Comments will be published on the Public Access website and will be open for viewing by members of the public. We will publish your name, address and comment only. Your email address and telephone number will automatically be excluded from publishing if you submit your comment via Public Access. If you submit comments by any other means, redaction will be applied (blanking out or obscuring from public view) to email addresses, telephone numbers and signatures.

How long do we store it and is it secure?

Planning services has a retention schedule in place to ensure that information is only held for as long as it is needed. We will not keep your information for longer than is required to by law. Your information will be disposed of in a controlled and secure manner in accordance with the council’s Records Management and Data Quality Policy. The council’s IT security and confidentiality policies ensure that your information is protected, and accessed only by staff directly involved in your case. 

For information on how long your information will be held visit the retention page.

What rights do you have?

The rights that you have depend upon the grounds upon which your information is collected. All of the rights you could have are outlined on the data protection rights page. 

In most cases, people who have been involved with planning department will have the following rights@   

  • The right of access - you are entitled to see the information that we hold about you.
  • The right to rectification - we will amend information accordingly, if any information the service holds about you is incorrect.
  • The right to restrict processing - you may wish to limit how we use your data.
  • The right to object - in addition to the right to limit the use of your data, you also have a right to object to the use of you data for certain actions.
  • The right to erasure/ right to be forgotten - in certain circumstances, you may be able to ask for some of the information we hold to be deleted. The service has determined that all requests to permanently delete a service user record will be dealt with on an individual basis.

To exercise any of your above rights, please visit the data protection rights page for more information.

Where can I find out more?

If you would like to know more about how the council uses information, your rights or have a concern about the way we are collecting or using your personal data, we request that you raise your concern with us in the first instance; contact details are available on the general privacy information page. Alternatively, you can contact the Information Commissioner's Office (ICO). The ICO is the UK’s independent authority set up to uphold information rights in the public interest and they handle public concerns regarding organisations information rights practices. 

Information Commissioner’s Office (external website) 

When was this privacy notice last updated?

We will continually review and update this privacy notice to reflect any changes in our services, feedback from customers, and to comply with any changes in the law. This privacy notice was last updated on 17 October 2022. 

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