Planning Policy Privacy Notice
Privacy Notice for Planning Policy
We are a local planning authority. Broadly, our functions include producing a Local Plan and associated planning policy documents, which set out our planning policies for the Borough of Dartford.
Producing a Local Plan is a priority for us, for a number of reasons. The government is clear that we are expected to have up-to-date plans in place to guide development within our area, to plan for the infrastructure, homes and jobs that our residents need.
Having an up-to-date Local Plan in place also means that we retain control over where development should be located, rather than it being delivered in an ad hoc way because of speculative development, sometimes without sufficient benefit to local communities.
Through our Statement of Community Involvement, we are committed to involving as many people and organisations as possible in the planning process, including those who are traditionally under-represented. We engage with our communities in the preparation of our draft Local Plan and associated planning policy documents, which are submitted to the Planning Inspectorate for independent examination by an Independent Examiner. This examination is the last stage of the process for producing a Local Plan.
Most of the personal information we hold about you is provided by you or your appointed agent or representative for example, as a consultee or when you express a clear interest in responding to the formal stages of our plan- making (including neighbourhood plans), planning policy document reviews or updates to existing planning publications, or as an opt in to our 'Stay Connected' email service and selected local plan or planning policy updates.
Processing activity - we will process personal information relating to:
Consultations on the draft Local Plan and/or strategic planning issues - We need to process your personal information in order to prepare the Local Plan, and to manage consultations on other strategic planning issues. In particular, we will process personal data if you have requested that we contact you about consultations, or you have previously made a representation, we will hold contact details for you. We will contact you when new consultations are launched and always provide you with the opportunity to opt out of any further contact.
Brownfield Land Register - Part 1 of the register comprises all brownfield sites appropriate for residential development and Part 2, those sites granted permission in principle. This register is used as evidence to inform the preparation of our Local Plan.
Self-build and Custom Housebuilding Register - we maintain a register of individuals and groups interested in acquiring serviced plots of land in the Borough of Dartford, for their own self-build and custom housebuilding. This register is used as evidence to inform the preparation of our Local Plan.
Community Infrastructure Levy (CIL) - we need to process personal information for the purpose of administering the CIL. This includes records of individuals and organisations liable for or having paid the CIL.
Information requirements - our processing activities may include:
- your address, telephone number, email address (applicant and/or agent)
- date of birth
- site address
- health data
- residential and ID status such as bank statements and passport
- letter confirming service with the Ministry of Defence
- applications for the self-build and custom housebuilding register
- land ownership details submitted for consideration for allocation in the Local Plan or other planning policy documents
- record of fee payments for CIL (excluding debit/credit card details)
- analysing statistical data for service development purposes (anonymised)
- your expressed opinions or intentions in respect of planning policy consultations
Lawful bases1 - our lawful bases for processing your personal information are:
- our legal obligations under the Planning and Compulsory Purchase Act 2004
- our legal obligations under the Community Infrastructure Levy Regulations 2010
- our legal obligations under the Town and Country Planning (Local Planning) (England) Regulations 2012
- our legal obligations under the Self-build and Custom Housebuilding Act 2015
- our legal obligations under the Town and Country Planning (Brownfield Land Register) Regulations 2017
- our legal obligations under the National Planning Policy Framework
- necessary for the performance of a task in the public interest or in the exercise of official authority vested in us under the legislation/framework referred to above
Reasons for processing - some of the information we collect is classified as special category personal data such as health data. This is processed for reasons of substantial public interest under the laws that apply to us (see above) where this helps to meet our broader social obligations such as where it is necessary for us to fulfil our legal obligations and regulatory requirements. We have a Data Protection Policy that sets out how this information will be handled.
Data sharing - we may share your information with:
- the Planning Inspectorate as part of the Local Plan process and to allow you the opportunity to fully take part in the examination should you wish to do so once the Local Plan has been submitted to the Planning Inspectorate;
- relevant authorities in a housing market that encompasses multiple authorities (self-build and custom-house building administration matters)
Representations, received during the public consultation stages of the draft Local Plan, may be published on the Council’s website and a copy may be made available for public inspection. This will also apply to counter- representations. The Council will not accept comments received by anonymous respondents.
Representations published on the website will be pseudo anonymised - names addresses, personal telephone numbers, email addresses, signatures or any sensitive personal data will not be made public, but we will hold these on our database. Agents’ commercial or business email addresses and names will be published.
Representations will made available to the examining Inspector, without redaction of names and addresses. (If names and addresses are not provided, it is very unlikely that it will be possible for the draft Local Plan to be examined). A data sharing agreement is part of the arrangement for the supply of services, which sets out the steps, we and the Planning Inspectorate will take, to help deliver an efficient examination. This is available on request, by e-mailing email@example.com.
Representations will be made available at our offices, for public inspection, without redaction of names and addresses. There can be no expectation of privacy.
The draft Local Plan may be accompanied by a number of assessments that are also open to public comment. Please note that when you make a response to any of these assessments, as with representations to the draft Local Plan itself, this information will be made publicly available on our website (with the exception of names, addresses, personal telephone numbers, email address, signatures or any sensitive personal data as above).
Some of the issues raised as a result of representations received through public consultation on the draft Local Plan may be included and referred to in our consultation report(s). This report(s) will be published on our website, shared with Councillors and made available to Planning Inspectorate and the Independent Examiner.
Whilst this report will not reference the name of a member of the public, it may reference the name of an organisation where it is stated that the representation is submitted on behalf of the said organisation.
Retention period - Please refer to our Information Asset Register for specific retention periods applying to our Planning Policy datasets. Information is held securely and disposed of confidentially.
Right to object - where processing your personal information is required for the performance of a public interest task (see our lawful bases above), you have the right to object on ‘grounds relating to your particular situation’. This right to object is not absolute. We will have to demonstrate why it is appropriate for us to continue to use your personal data.
Changes to this Privacy Notice - we review this Privacy Notice regularly and will place updates on our website.
1 Note that we may process your personal information on more than one lawful basis depending on the specific purpose for which we are using your information
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