This Privacy Notice is designed to help you understand how and why the Communications Team at Selby District Council processes your personal data. This notice should be read in conjunction with the Council’s Corporate Privacy Notice.
Who are we?
Selby District Council is a ‘Data Controller’ as defined by Article 4(7) of the General Data Protection Regulation (GDPR).
The Community Infrastructure Levy (CIL) is a planning charge, introduced by the Planning Act 2008 as a tool for local authorities in England and Wales to help deliver infrastructure to support the development of their area. It came into force on 6 April 2010 through the Community Infrastructure Levy Regulations 2010.
It was adopted by Selby District Council on1st January 2016 and will be applied to all planning applications determined from this date. Development will be liable for CIL if your development creates floorspace of 100m2 or more or if it creates a dwelling of any size.
CIL Legislation requires us to collect data relating to applicants, agents, liable parties, landowners and interested parties as appropriate. We will use your personal data as part of the Councils statutory duties in relation to the administration of the Community Infrastructure Levy (CIL). This includes any contact by email, letter or telephone. We may also receive information about you from third parties, including Planning Agents and Interested Parties.
The Council has appointed Veritau Ltd to be their Data Protection Officer. Their contact details are: Data Protection Officer, Veritau Ltd, County Hall, Racecourse Lane, Northallerton, DL7 8AL / DPO@selby.gov.uk / 01609 532 526.
What Personal Data of mine do you collect?
The types of personal information we collect may include:
• Basic personal information including name, address and contact details;
• Any other information you provide to us which is required by the CIL Regulations, including data which may include personal identifiers.
This includes any contact by email, letter or telephone. We may also receive information about you from third parties, including planning agents and interested parties. CIL legislation requires us to collect data relating to applicants, agents, liable parties, landowners and interested parties (as appropriate).
If you are granted an exemption or relief from CIL, then further personal information may be required to be collected and stored in order to grant said relief/exemption, such as utility bills, bank statements, mortgage details, insurance details etc.
We may also collect visual images (site photos) and financial details (associated with payment of fees and evidence documents)
What is the purpose of collecting my Personal Data?
The Council uses your personal information in order to deal with planning obligations related matters such as the determination of CIL Liabilities, checking previous reliefs and exemptions granted to ascertain eligibility, answer queries on land searches, populate the Local Land Charges register, and to check for discharge of S106 related obligations. We will also use your personal information in order to consult with you on planning applications and to consult you on or notify or inform you of planning obligation related matters.
Who do you share this data with?
For CIL purposes we may share your information with other service areas within Selby District Council, for example to register CIL as a land charge and for the monitoring and enforcement of CIL liabilities. We may also share your personal data with third parties, including the Planning Inspectorate (PINS) or Valuation Office Agency (VOA), for the purposes of determining CIL appeals and proceeding with any enforcement action to recover due monies.
Your personal information will be treated as confidential but it may be shared with other Council services in order to ensure our records are accurate and up-to-date, and to improve the standard of services we deliver.
The Council may also use your information for the purpose of performing any of its statutory enforcement duties. It will make any disclosures required by law and may also share your information with other bodies responsible for detecting/preventing crime including fraud or auditing/administering public funds.
Any obligations required on a development under CIL are also required to be recorded on the Local Land Charges Register. The Council may use your information for the purpose of performing any disclosures required by law to persons requesting a search on the local land charges register.
Additionally, any CIL Notices bearing your name and address will be copied to any other persons who have a material interest in the land contained within the red edge of the planning application/permission.
How long do you keep this data for?
The Council will hold information relating to CIL until all obligations are discharged.
What is your legal basis for processing this data?
The Council processes personal data in relation to the Community Infrastructure Levy, in accordance with legal obligations to which the Council is subject to, based on:
Article 6(1) (c) – Processing is necessary for compliance with a legal obligation.
This is in pursuance with the following legislative texts:
- Community Infrastructure Levy Regulations 2010 (as amended)
- The Planning Act 2008 (as amended)
- The Planning and Compulsory Purchase Act 2004 (as amended)
- The Town and Country Planning Act 1990 (as amended)
For more information about how the Council uses your data, including your privacy rights and the complaints process, please see our Corporate Privacy Notice