Privacy Notice - Development Management

Rochford District Council is the data controller for the purposes of the Data Protection Act 2018.

The Data Protection Officer for the Council is Angela Law and can be contacted on DPO@Rochford.gov.uk

Why do we need your information? (The purpose and lawful basis for processing data)

To allow us to make decisions on their applications individuals must provide us with some personal data (eg name, address, contact details). In a small number of circumstances individuals will provide us with special category data in support of their application (eg evidence of medical history).

We use the information provided to us to make decisions about the use of land in the public interest, which we have official authority to do in accordance with the Town and Country Planning Act 1990 (as amended). This is in accordance with GDPR and is known as a “public task”, and is why you have never been asked to opt in to allow your information to be used.

Making decisions on planning matters is a public task and you do not have the right to withdraw consent. However if you there is a reason you would prefer for something to not be disclosed please inform your case officer before submitting any information.

What information we are collecting?

  • Name
  • Address
  • DOB

Any other personal information you decide to send us in support of your application or as part of a consultation comment.

Unless otherwise agreed with you, we will only collect the minimum personal data required to deliver the service, which includes your name, address, contact details and any other personal information that you decide to send to us in support of your application or as part of a consultation comment. We do not require any special category personal information, or information relating to criminal convictions or offences.

How is it being collected?

  • From you directly
  • From your planning agent
  • The Planning Portal
  • We also receive letters, comments, representations, allegations and questions from external sources either directly or on line.

How will it be used? 

  • Making decisions and providing advice on planning applications
  • Making planning policies
  • Working with neighbourhoods on their plans
  • Working with neighbouring authorities on strategic policies
  • Responding to allegations of unlawfuldevelopment
  • Monitoring development
  • Entering legal agreements, serving notices and promoting the best use of land

Who will the information be shared with?

We do not sell your information to other organisations. We do not move your information beyond the UK. We do not use your information for automated decision making.

Statutory consultees

Neighbours of your planning application

Internal departments to establish facts required for the application

The planning application is available online and so persons interested can contribute and make representations. If you are information which you would like to be treated confidentially or wish to be specifically withheld from the public register, please let us know as soon as you can - ideally in advance of submitting the information to the relevant case officer.

Retention Period of the data

The personal data you provide will be held and used in accordance with the requirements of UK and European data protection law and will be held for period time that is appropriate to the service being provided as listed below:

  • statutory registers (planning decisions, approved plans, legal agreements etc) -indefinitely
  • applications for planning permission and other land use consents and certificates –indefinitely
  • Supporting documents, reports – 6 years for committee decisions, 4 years for officer decision
  • neighbours’ comments about planning applications – one year from decision
  • pre-application advice – 15 years from issue
  • representations, letter and general correspondence – 4 years
  • general enquiries or service requests – 4 months from last contact

The GDPR/Data Protection Act 2018 allows you to find out what information is held about you on paper and electronic records. In order to do this you can submit a subject access request to the Council’s Data Protection Officer. This service is free of charge.

In some circumstance where the information provided may be restricted, for example, where it contains confidential information about another person, where it will cause serious harm to your or someone else’s physical or mental well-being or if the information we give you may stop us from preventing or detecting crime.

In addition, you have the following rights:

  • Ask for information to be changed if it is factually inaccurate
  • Ask for information to be deleted in certain circumstances such as the purpose for which the information was provided in the first place is no longer relevant, where you withdraw you consent (unless there is no other legal reason for us to use it), we are legally required to deleted information.
  • Ask for the information to be transferred back to yourself or another service provider. This only applies if we are using your information with consent and not if we are required by law to do so or if a decision was made by a computer and not a human being.