Planning service privacy notice

1. Council contact details

1.1. West Northamptonshire Council

Registered Office:

One Angel Square
Angel Street
Northampton
NN1 1ED

Email: [email protected]

Tel: 0300 126 7000

Website: www.westnorthants.gov.uk

1.2. Include the service area contact details if a shared mailbox.

Each area office within the Planning Service has its own shared mailbox as follows:

Planning Department – [email protected]
Planning Enforcement – [email protected]
Northampton County Office – [email protected]

2. Information that we hold

We currently collect and process the following information for functions carried out by our Planning Service:

names, addresses and contact details (phone numbers and email addresses) of applicants, agents, representatives, public contributors, complainants and enquirers
property or site details
medical or health information where this is relevant
details of race and ethnic origin
political opinions
religious or philosophical beliefs

3. How the information is obtained

3.1. Most of the personal information we process is provided to us directly by you or your representative for one of the following reasons:

as part of an application
by contributing to applications and consultations
to make an enquiry, request or complaint
to report alleged breaches of planning control
to comment on planning policy documents, the Local Plan or Neighbourhood Plans
to register an interest in self and custom build housing
to request regular communications and updates
in creation or updates to a legal agreement, such as a Section 106 agreement
in processing Community Infrastructure Levy (CIL) applications during and after a planning application

We also receive personal information indirectly, from the following sources in the following scenarios:

Land Registry enquiries, to identify landowners, investigate allegations and serve notices
DVLA data enquiries, to identify vehicle keepers
complainants, reporting alleged breaches of planning control
special category information such as political opinions, race or ethnic origin, religion or beliefs can be implicated within an application but not explicitly requested by the council eg a representative of a religious organisation submitting a planning application

3.2. There are a number of reasons why we need to collect and use your personal information. Generally, we collect and use personal information when:

it is necessary to meet our legal obligations set out in law
we are carrying out a task which is in the public interest which is supported in law
you have requested a service from us
you, or your legal representative, have given us your consent
on the basis of substantial public interest, when processing special category data, which will be proportionate to the aim pursued

The legislation which supports this processing is:

Ancient Monuments and Archaeological Areas Act 1979
Anti Social Behaviour Act 2003
Anti Social Behaviour, Crime and Policing Act 2014
Electronic Communications Regulations
Environment Act 1995
Environmental Impact Assessment Regulations 2017
Environmental Information Regulations 2004
Local Audit and Accountability Act 2014
Localism Act 2011
Planning (Hazardous Substances) Act 1990
Planning (Listed Buildings and Conservation Areas) Act 1990
Planning and Compulsory Purchase Act 2004
Police and Criminal Evidence Act 1984
Self Build and Custom Housebuilding Act 2015
Town and Country Planning Act 1990
The Town & Country Planning (General Permitted Development) (England) Order 2015
The Town and Country Planning (Development Management Procedure) (England) Order 2015 (as amended)

4. What we do with the information

4.1 We use the information that you have given us in order to:

consider and determine applications
assess fee exemptions using health data
advise you of and carry out consultations
provide updates
carry out investigations and enforcement action
tell you the outcome of an application, enquiry, request or investigation
notify you of the date of public meetings
notify you if an appeal is received
issue and serve notices
identify the demand for self and custom build housing

Failure to provide data:

such as the applicants name or other relevant information will mean your application cannot be processed
anonymous comments may not be considered and the contributor will not be kept up to date
anonymous complaints relating to alleged breaches of planning control will not be investigated

4.2. Information may be shared in the following circumstances:

Planning applications:

Applicants’ contact information (phone numbers and email addresses) and signatures are not disclosed.

Information provided for planning matters is made available:

for public viewing online via our website or by visiting the council offices
to statutory consultees and public bodies being consulted, to assist in determining an application – list available at: Consultation and pre-decision matters - GOV.UK
to neighbouring properties as notification of an application
to the Planning Inspectorate - in the case of an appeal
to consultants and contractors providing services to the Council

Comments from contributors to applications:

comments will be published online and be available for the public to view, but all personal and sensitive information will be redacted (such as contributors’ names, addresses, phone numbers, email addresses and signatures)
comments will be used by the planning officer and comments summarised in the delegated or committee report when making their decision
Please do not include any of your personal data within the text of your comment itself as these will be publicly available on request
all comments are provided to the Planning Inspectorate in the case of an appeal

Planning Enforcement:

the council will seek to maintain the confidentiality of a complainant at all times - where an enforcement investigation proceeds to court, it may be necessary to identify the complainant
a register of Enforcement, Stop, etc notices is maintained and is available for public inspection
neighbours, Ward Councillors and other interested parties are informed in the case of an appeal
the Planning Inspectorate – in the case of an appeal
a copy of any information given to the Planning Inspectorate must be sent to the appellant

Planning Policy:

Location addresses of contributors are made public, however names, exact addresses and contact information are withheld

comments received on Planning Policy consultations are open to public inspection
comments received on the Local Plan are shared in full with the Planning Inspectorate

Important: Applications and comments are checked for sensitive information before publication however we strongly recommend that you indicate documents in whole, or in part which contain personal information you do not wish to be made public.

We have a legal duty to make certain information available and cannot guarantee all such requests will be approved. Please do not provide information such as health or medical information where it is not required.

Please also refrain from including personal information or comments about other people unless they have given their consent for you to do so and you can provide evidence of their consent.

5. How long we keep your information for and how we securely dispose of it after use

5.1. We keep your personal information for the purpose of planning matters in line with the council’s retention schedules. Statutory registers such as planning decisions, approved plans and legal agreements are kept forever.

Other supporting documents, reports, comments, letters of complaint or other types of correspondence vary in their retention schedule. Special category data to determine fee exemption will only be held until the exemption is confirmed.

5.2 We will securely dispose of your information in line with the Council's Retention Schedules.

6. How we store your information

6.1. Your information is securely stored electronically on the council’s systems. Where hard copy files are also maintained these are held in a secure environment.

7. Your data protection rights

7.1. The law gives you a number of rights to control what personal information is used by us and how we can use it. Please see section 15 of the council’s Privacy Policy for further information.

7.2. Please be aware that your rights may differ depending on the lawful basis for processing your personal data.

7.3. The right to withdraw consent

7.3.1. You can ask that we no longer use your details for keeping in contact with you, for example if you receive regular updates regarding planning applications. If you wish to exercise this right, please contact the Data Protection Officer.

8.1. Who to contact

8.1 If you would like further information about how we use your personal information, or you wish to exercise one of your data rights or you wish to complain about the use of your personal information please contact the Data Protection Officer.

8.2. If you are still dissatisfied once you have contacted the Data Protection Officer, you have the right to complain to the ICO.

The ICO’s address:
Information Commissioner’s Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF

Helpline number: 0303 123 1113

9 Changes to this privacy notice

9.1 Privacy notices are live documents, which will be updated or revised in line with legislation.

Last updated 14 August 2023