Planning Services

The following information provides details on how we may collect use and where appropriate share personal information in accordance with the UK General Data Protection Regulations (UK GDPR). It should be read in conjunction with the Council’s privacy notice document.
 

Why we collect personal data

Our planning department uses various kinds of information including personal details and sometimes sensitive personal data. This statement sets out the types of information that we collect, how it is stored, displayed, used and retained. In this statement the term ‘planning application’ is used to describe all types of applications under the Planning Acts, and includes pre-application submissions.

We receive applications seeking consent of one form or another, requests for advice and allegations of unlawful development (enforcement complaints).

The most common things we use data for are:

• contacting applicants and agents about their applications and enquiries
• publicising applications in various ways to seek comments and information
• notifying other organisations of proposals to seek their views
• investigating allegations
• writing reports and making decisions

Any personal data collected through the planning process will be processed in accordance with the UK Data Protection Legislation.

What personal data we collect

If you submit a planning application, we will collect:

• name
• postal address
• contact details (if provided, email address or phone number)

The applicants’ name and address is made publicly available as part of the application form and we will only use your contact information for the notification of the progress of a planning application, if an email address is provided you will receive an email notification. If an agent has submitted an application on your behalf, then their contact details will be made publicly available and we will usually send any notifications to them unless you have specifically asked to be contacted directly.

If you submit special category data in support of your planning application, we will use it for the purposes of processing your application. The types of special category data we may collect to support your application include:

• data concerning health and/or age intended to justify adaptations to, and uses of, buildings; and
• data pertinent to understanding the weight to be attributed to considerations under Human Rights legislation, including the rights of the child.

If you comment on a planning application, we will collect:

• name
• postal address
• contact details (if provided, email address or phone number)

We will not publish your phone number or email address online.

If you comment on a Planning Application, we will publish online:

• your name
• address
• your comment

You are responsible for the content of your comment. Please ensure that your comment does not contain any information you do not want to appear online (e.g. personal information), foul or abusive language, or inappropriate or defamatory comments.

If you make an enquiry, such as Do I need Planning Permission we will collect:

• name,
• postal address
• contact details (if provided, email address or phone number)

We will only use your personal information for the notification of the progress or decision of your enquiry, if an email address is provided you will receive an email notification.

If you report a planning problem (breach of planning control) we will collect:

• name,
• postal address
• contact details (if provided, email address or phone number)

We will only use your personal information for the notification of the progress or decision of your case, if an email address is provided you will receive an email notification.

We may monitor and record electronic communications (website, email and phone conversations) for a number of reasons such as:

• staff training
• records of conversations
• the detection, investigation and prevention of crime

We will inform you if your call is being recorded or monitored.

Emails that we send to you or you send to us, may be retained as a record of contact and your email address stored for future use in accordance with our retention periods. If we need to email sensitive or confidential information to you, we may perform checks to verify the correct email address and may take additional security measures.

See our Data Protection Policy for details on how we define personal and non-personal data.

 

How we use your personal data

We'll only use your personal data in accordance with data protection legislation, and for the purposes stated in this privacy notice.

We'll:

• only ask for what is necessary for the purposes of dealing with your planning application, enquiry or enforcement complaint
• protect it and make sure nobody has access to it who shouldn’t
• ensure you know if you have a choice about giving us personal data
• only share your personal data with other Scarborough Borough Council departments or with external partners, agencies and contractors involved in delivering services on our behalf
• make sure we don’t keep it for longer than is necessary
• delete or destroy it securely when we no longer have a need to keep it

We ask that you:

• give us accurate information
• tell us as soon as possible of any changes
• tell us as soon as possible if you notice mistakes in the information we hold about you

From time to time, we may conduct or ask you to take part in a survey to get your feedback, comments and opinions to help us improve our services.

Who we share your personal data with

Planning applications are held as a public register as required by the Development Management Procedure Order 2015 (as amended). The register must be kept indefinitely and is stored in our internal database. This register is also published on our website, although we redact the following details:

• Personal contact details for the applicant - i.e. telephone numbers, email addresses
• Signatures
• Personal sensitive information
• Information agreed to be confidential

Once valid, applications will be made publicly available on the Council’s website which will include the applicant’s name and address and agent (if any) details.

If a planning application is refused and is subsequently appealed to The Planning Inspectorate, any comments made by interested parties including the name and address are copied, (any contact details (telephone numbers, emails addresses) and signatures are redacted) and shared with the Planning Inspectorate and the appellant as part of the appeal process.

If you are submitting information, comments or allegations which you would like to be treated confidentially or wish to be specifically withheld from the public register, please let us know at as soon as you can - ideally in advance of your submission. The best way to contact us about this issue is by email or telephone. Please note we will only withhold information under exception circumstances.

Email: planning.services@scarborough.gov.uk 

Telephone: 01723 232323

We will not share any personal information provided in respect of an allegation of unlawful development/enforcement complaint.

Any information we use in presentations or reports will be anonymised and will not identify any individuals. For example, a report on the outcome of complaints will not feature any of your personal data.

We do not disclose or share sensitive or confidential information without your explicit consent except where disclosure is required by law, or where we have good reason to believe that failing to do so, would put you or someone else at risk.

We may be required or permitted, under data protection legislation, to disclose your personal data without your explicit consent, for example if we have a legal obligation to do so, such as for:

• law enforcement
• fraud investigations
• regulation and licensing
• criminal prosecutions
• court proceedings

We must protect public funds and may use personal data and data-matching techniques to detect and prevent fraud, collect taxes and ensure public money is targeted and spent in the most appropriate and cost-effective way. To do this, your personal data may be shared with other bodies responsible for auditing or administering public funds, including the Department for Work and Pensions, HM Revenue and Customs, the Police and other local authorities.

Our legal basis for collecting and sharing personal data

We collect and process information for Planning as part of our duties, powers and responsibilities as a public authority under Article 6 part (e) and Article 9 part (g) of the General Data Protection Regulations. In order to comply with the Town and Country Planning (Development Management Procedure) (England) Order 2015 (as amended) and the Equality Act 2010, the legislation requires us to notify and invite representations following the submission of a planning application.

We are also required to make publicly available the reasons for our decisions for a period of six years and any relevant background papers for a period of four years from the date of a decision under the Openness of Local Government Bodies Regulations 2014.

How long we keep your personal data

We will only retain your personal information for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting or reporting requirements.  We will keep your personal data in accordance with our retention schedules.  We will delete or destroy your personal data securely.

At the end of the retention period, we may pass any relevant information to the Archives where it is required or appropriate to do so.

Further processing of personal data

If we wish to use your personal data for a new purpose, not covered by this Privacy Notice, then we'll provide you with a new notice.

The new notice will:

• explain this new use before we start the processing
• set out the relevant purposes and processing conditions

Where and whenever necessary, we'll seek your consent to the new processing, if we start to use your personal data for a purpose not mentioned in this Privacy Notice.

See our Data Protection Policy for details about the further processing of personal data.

Personal data from online payments

The personal data you give to us when using our online payment system will only be used for the recording of your payment. We'll ensure that it is used for no other purpose and is not disclosed to a third party such as other companies or individuals, unless required to do so by law for the prevention of crime and the detection of fraud.

We'll hold it securely and only for as long as is needed. It will then be deleted in line with our Retention and Disposal Policy and Procedures.

See our Data Protection Policy for details on how we process your personal data in connection with online payments.

Your rights relating to your personal data

When we collect your personal data we'll tell you how we are going to use it. Where we process your personal data, you have a number of rights under data protection law.

Find information about your rights on our UK GDPR page.

Further information

If you have any questions, want to exercise your rights, or if you have a complaint about how your information has been used, please contact us at dataprotection@scarborough.gov.uk or on 01723 232323 or write to:

Data Protection Officer
Scarborough Borough Council
Town Hall
St Nicholas Street
Scarborough
North Yorkshire
YO11 2HG