This privacy notice provides information on the way in which the personal information you provide as part of the planning process is handled by the council. It is published in accordance with the UK General Data Protection Regulations (UK GDPR) (effective from 25 May 2018).
The Data Controller and contact details
Waverley Borough Council is the Data Controller for the personal data you provide to the council. The contact details for you to exercise any of your data protection rights or to raise any concerns you may have regarding your personal data are:
Data Protection Officer,
Waverley Borough Council,
Use of your personal data
The information you provide to the council will be used by the council to consider planning and other related applications and appeals in adherence with its statutory obligations, including enforcement action if required.
Lawful basis for processing
Under the UK General Data Protection Regulation (UK GDPR), the lawful basis we rely on for processing the information is Article 6 of the UK GDPR:
- (e) We need it to perform a public task
Our obligation to carry out a public task, is found in the following:
- The Town and Country Planning Act 1990 (as amended)
- The Town and Country Planning (Development Management Procedure) (England) 2015)
The consequence of not completing the application form, providing the supporting information for any application and agreeing to this use of your personal information, is that the council will be unable to process the application.
If you are making an objection or representation to a planning or related application then your personal data will be used to deal with the application which you are objecting to or making representations about.
Special Category data
We ask that you do not provide us with any special category information as defined in the UK GDPR unless it is necessary and central to the planning application you are commenting on.
Special category data is personal information such as racial or ethnic origin, political opinion, religious or philosophical beliefs, or trade union membership, data concerning health, personal sex life or sex orientation.
If the information you provide us or we receive in relation to your comments contains special category data, the lawful basis we rely on to process it is article 9(2)(g) of the UK GDPR, where processing is necessary for reasons of substantial public interest. We will provide suitable and specific measures to safeguard the fundamental rights and the interests of the data subjects. When publishing your comments, we will redact any information that is deemed special category data, and personal information that could be used for identity fraud.
Sharing of personal data
To comply with its statutory obligations, the council must make public certain details relating to planning applications in the form of a public register. Regulations allow this information to be made available on the internet. The council will publish, on its website, a copy of your application documentation. This includes:
- applicant’s name and address of the applicant
- where an agent is acting for the applicant - the name and contact details of that agent.
Applicants’ telephone numbers and email addresses and all signatures from the information that may be viewed via the website will be redacted first.
To consider planning and related applications, the council may share information with consultees (including other sections of the council) and members of the public. Information, including comments submitted about planning and other related applications, may also be shared with the Planning Inspectorate and the applicant if an appeal is made.
The personal information you provide will not be used for any other purpose unless required by law, to prevent or detect crime or to protect public funds.
The applicant or their agent are to highlight to the council, when submitting a planning application, any sensitive personal data such as information about health conditions, development viability etc. that they do not wish to be published or disclosed. If this is not made clear to the council, whilst every effort will be made to avoid publishing this data, it may be published on the council’s planning applications website.
The council will discuss with the applicant/agent any information that they have stated they do not wish to publish if the council believes it will have a material effect on the decision-making process.
Protecting your personal data
Your unpublished personal data will be kept secure by the council and will be kept within the European Economic Union (EEU). Where the council uses a third party to store your personal data and it is stored outside of the UK/EEU, the council will ensure that appropriate safeguards are in place to keep your personal data secure.
Keeping your personal data
The council will keep your personal data in accordance with the council’s retention schedule
- Only provide personal information if you are happy for it to be placed in the public domain, including publication on the internet (unless you highlight for it not to be published).
- Do not include personal information about another person (including family members) unless the individual concerned has consented and you can provide evidence of this consent.
- Tell us as soon as possible if any of the personal information you have provided should change.
Your rights and how to contact the ICO
Our main privacy notice provides details about your data protection rights and also how you can contact the ICO – Information Commissioner’s Office.