This privacy notice explains what information the council needs in order to deliver the planning service.
In order to provide this service, it is necessary for the council to collect, store and process personal data relating to applicants and members of the public that submit representations to consultations.
This notice should be read alongside the council’s main privacy notice.
Safeguards are in place to ensure that this data is kept secure and the privacy of individuals is protected.
Who is responsible for your information?
Chesterfield Borough Council is the data controller for the personal information collected.
How is your informations collected?
As part of the planning service, the council may collect information about you in a number of ways, including (but not limited to):
- personal information you provide to us yourself
- personal information about you that is submitted to us by another individual – for example an enforcement complaint
- personal information about you that is included in a planning application or representation submitted by another individual
- personal information that is collected when you sign a petition or participate in an organised campaign against a planning application, that is then shared with us by the organiser
- personal information about you that is shared with us by your representative eg. your solicitor or planning agent
- personal information the council has access to from other records it holds – for example legal records of land charges
Planning applications, appeals and conservation
Purposes of processing your personal data
We need to process your personal information in order to administer the planning process. This includes processing planning applications and managing the public consultation process. This processing also includes administering the appeals process and planning conservation and tree preservation orders.
Categories of personal data and lawful basis
In order to provide this service, we may need to process some or all of the following categories of personal information:
- contact details
- opinions on a development
- any other relevant information provided
- signature
Under data protection legislation, we are permitted to use your information this way because we have a statutory duty to provide the planning service. This duty is created by various pieces of legislation, including the Town and Country Planning Act 1990.
Who we share your personal data with
Planning legislation requires that we operate a transparent process that is open to public scrutiny. In order to meet this requirement, we make applications for planning permission and applicant details available for public inspection. These details are available on our website, or in person.
Planning applications and representations are kept permanently as part of the public record.
The name of the owner of a property or land, plus the address, must usually be publicly available. We also publish any comments (including the name of and address of the commenter when provided) received on planning applications. We will redact other contact details and any sensitive personal data from the publicly available version. We are also legally obliged to pass information to the Planning Inspectorate in the event of an appeal. This includes unredacted copies of any comments received.
Planning agreements
Purposes of processing your personal data
We need to process your personal information in order to prepare and distribute planning agreement deeds. This may involve processing information about any of the following:
- land owner
- developer
- chargee/mortgagee
- other parties with interests in land
- solicitors
- planning agents
Categories of personal data and lawful basis
In order to provide this service, we may need to process some or all of the following categories of personal information:
- contact details
- solicitors details
Under data protection legislation, we are permitted to use your information this way because it forms part of the performance of a contract.
Who we share your personal data with
Copies of the deeds are sent to the owner/developer/planning agent and/or their solicitor.
Planning enforcement
Purposes of processing your personal data
Handling complaints and decisions concerning formal enforcement action is a statutory duty of the Council as Local Planning Authority. As such we may need to collect and process information about the following people in order to prepare and serve notices relating to planning enforcement:
- owner and/or chargee/mortgagee
- solicitors and planning agents
- complainant, enquirer or their representative
Categories of personal data and lawful basis
In order to provide this service, we may need to process some or all of the following categories of personal information:
- contact details
- signature
Under data protection legislation, we are permitted to use your information this way because we have a statutory duty to enforce planning regulations. This duty is created by the Town and Country Planning Act 1990.
Who we share your personal data with
Information about enforcement action may be shared with the land owner and any person with an interest in the land, the chargee/mortgagee, the planning agent and external solicitors.
Some details about enforcement action will be published online as part of the record of planning committee meetings, and in some circumstances will also be released to public in a press release.
Grant schemes
Purposes of processing your personal data
We sometimes operate grants schemes to fund certain types of development, or development in certain areas. We will need to keep records of recipients of these grants for as long as the grant funding contract stipulates.
Categories of personal data and lawful basis
In order to provide this service, we may need to process some or all of the following categories of personal information:
- contact details
- signature
Under data protection legislation, we are permitted to use your information this way because it forms part of the performance of a contract.
Who we share your personal data with
We may need to share your information with the grant funding agency.
Further information
Please get in touch if you would like more information about how the council processes your personal data:
• contact the council's data protection officer