Development Management - Privacy Notice

This privacy notice is designed to help you understand how and why Development Management 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 UK General Data Protection Regulation (UK GDPR). As the Local Planning Authority we are required to fulfil certain statutory functions such as making decisions and providing advice on planning applications and appeals.
  
The Council has appointed Veritau to be its Data Protection Officer. Their contact details are: Data Protection Officer, Veritau, West Offices, Station Rise, York, YO1 6GA, DPO@selby.gov.uk, telephone 01904 552848.

What personal information do we collect?

Selby District Council will collect the following categories of personal data:
 
•    Name
•    Company
•    Address 
•    Telephone number 
•    Email
•    Information about the proposed development and existing site
•    Details, including certification of the land owner
•    Details about any payments made to the Council
•    Commercially and/or financially sensitive information (only if required as part of the application process)

Although the Planning Service does not routinely collect special category data it is recognised that on occasions it may process details about an individual’s medical condition if relevant to the application process (for example building adaptations or exemption to required planning fees).

Why do we collect your personal information? 

The Planning Service uses personal data so that it can fulfil its statutory functions and consider planning decisions including, but not necessarily limited to:

•    To maintain the publicly available planning register. 
•    To provide the authority's planning service, which includes the management and formal decision-making of all applications submitted to Planning and all related information such as pre-applications, representations and enquiries.
•    To process all other applications, such as advertisement consents, listed building consents, certificates of lawful development/use and works to trees requests.
•    To allow the investigation and resolution of planning enforcement cases.
•    To allow the Council to deal with and respond to the Planning Inspectorate with regards to planning and enforcement appeals. 
•    To keep you updated on the weekly applications received and monthly decisions issued. 
•    If you are an agent, to inform you of agents forums and consult with/notify you of any changes to our procedures in connection with planning and related applications.
•    To issue a survey to all applicants with Decision Notices that seeks feedback on the planning service and how we can improve it 

Who do we obtain your information from?

We receive Planning application information in two ways – it is supplied to us directly (or via a planning agent on their behalf) or we receive it from a third party website that provides a transaction service. This is called:

•    The National Planning Portal 

Who do we share this information with?

Details are available to view by the public on our electronic register which is available on our public access website however signatures, telephone numbers and e mail addresses are not disclosed.

We are also required to ask other organisations to provide their professional opinions regarding proposed developments. These are known as statutory consultees and could include organisations such as:

•    North Yorkshire County Council 
•    The Environment Agency 
•    Parish/Town Councils. 

These organisations will have access to the same information as above. 

We may also need to share your information with the Planning Inspectorate in circumstances when an appeal is made against the decision of the Council. 

We may also need to share your information with the Local Government Obudsman when a complaint is made to them. 

The Planning Agents Database is used to inform interested parties of upcoming consultations and forums and is not shared outside of routine data sharing within this Local Authority. 

How long do we keep your information for?

Planning application documents including comments made are retained indefinitely. 

The Planning Agents Database contacts will be retained until we receive a request to remove or amend the contact. We will undertake reviews of the database following consultations when we receive notifications of non-deliveries and requests for amendments/removals. 

Where you have requested to be added to our mailing list to receive updates on the weekly applications received and monthly decisions issued, your information will be stored on our mailing list until we receive notification you would no longer like to receive this communication. 

Survey data is retained for a period of 3 months to assist in service improvements.

What is our lawful basis for processing your information?

Selby District Council relies on the following lawful basis to process your personal data:

UK GDPR Article 6(1)(c) – processing is necessary for compliance with a legal obligation

UK GDPR Article 6(1)(e) – processing is necessary for the performance of a task carried out in the public interest.

Where you have requested to be added to our mailing list to receive updates on the weekly applications received and monthly decisions issued, Selby District Council relies on the following lawful basis to process your personal data:

UK GDPR Article 6(1()(a)- the data subject has given consent to the processing of his or her personal data for one or more specific purposes.

When processing special category data, the Council will rely on the following lawful basis:

UK GDPR Article 9 (2) (g) - processing is necessary for reasons of substantial public interest meeting Schedule 1, Part 2 of the Data Protection Act 2018 as below:

•    (6) Statutory and Government purposes
•    (16) Support for individuals with a particular disability or medical condition

The legislative texts that the Council rely on include: 

•    The Town and Country Planning Act 1990 
•    Local Government Act 1972 
•    Localism Act 2011 
•    Planning Act 2008 
•    Planning and Compulsory Purchase Act 2004 
•    Planning (Listed Buildings and Conservation Areas) Act 1990 
•    Housing and Planning Act 2016 

For more information about how the Council uses your data, including your privacy rights and the complaints process, please see our Corporate Privacy Notice.