Privacy Notice - Planning Enforcement

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)

Processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller. 

  • The Town and Country Planning Act 1990 (as amended).
  • Planning (Listed Buildings and ConservationAreas) Act 1990.
  • National Planning Policy Framework /Planning Practice Guidance.

We investigate alleged breaches of planning control and criminal offences arising from non compliance with Notices, the display of adverts and unauthorised works to a listed building.

We also share information with other Council departments in order to prevent or detect crime, to protect public funds or where we are required or  permitted to share data under other legislation.

What information we are collecting?

  • Name
  • Address
  • And previous address
  • Gender
  • Occasionally age (not necessarily DOB unless relevant to the investigation)
  • Relationship to others under investigation
  • Email addresses
  • Business name and address (if relevant).
  • Mortgage company
  • School names, doctors surgery, medical conditions.

How is it being collected? 

Through information provided on site, online reporting forms, email correspondence, hard copy correspondence, over the telephone. Planning Contravention Notices, S.330 Notices and Humans Rights Questionnaire. 

How will it be used? 

Investigating alleged breaches of planning control and criminal offences arising from non compliance with Notices, the display of adverts and unauthorised works to a listed building. We also share information with other Council departments in order to prevent or detect crime, to protect publicfunds or where we are required or permitted to share data under other legislation.

Who will the information be shared with?

Other Council departments, Police, Fire Service, Essex County Council, Environment Agency, Other Councils if joint investigation or recurring planning breaches nationwide. HMRC, DWP, ECC Social Services. Home Office/border control.

Your data may be used for Council purposes, in order to prevent or detect crime, to protect public funds or where we are required or permitted to share data under other legislation.

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.

Retention Period of the data 

15 years to permanent depending on case. Information on planning history is relevant to future investigations.

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.