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Read our privacy notice for information on how we collect, store and process your data.
Brighton & Hove City Council is committed to protecting your personal information. As a data controller we have a responsibility to make sure you know why and how your personal information is being collected in accordance with relevant data protection law.
The primary laws which govern how Brighton & Hove City Council collects and use personal information (known as “data”) about you are:
However, the Planning Department is also subject to specific other laws which define when and for what purposes it can use your personal data.
We are collecting your data for the purpose of making decisions about the use of land, providing advice and making decision on planning applications, consulting on planning documents such as Local plans, investigating allegations of unlawful development, monitoring of section 106 agreements and administration and collection of Community Infrastructure Levy (CIL).
We may also receive information about you from third parties, including planning agents and interested parties who comment on a planning application or the preparation, monitoring or review of planning policy, or planning and related applications. We may also undertake proactive enforcement enquiries and gather information relating to liabilities under Section 106 of the Town and Country Planning Act 1990 (S106 liabilities).
Our lawful basis for processing your data is Public Task (Article 6.1.(e)) Exercise of official authority under Planning legislations - Town and Country Planning Act 1990, Planning and Compulsory Purchase Act 2004 and the Town and Country Planning Development Management Procedure, England (Order 2015).
Valid Planning Application submission (including application form, plans and supporting documents and any amendments received) to form Part 1 of the Planning Register.
Decision Notices (Planning or Appeal) and Legal Agreements to form Part 2 of the Planning Register.
Town and Country Planning (Development Management Procedure) Order - Article 40 (3), (4A), (5) and (7).
Town and Country Planning (Development Management Procedure) Order - Article 40 (4), (4A), (5), (6) and (7).
The above legislations require us to collect the following information:
The type of personal information collected from you is as follows
Contact details; including name, address, contact details (email address, telephone number)
Financial details for purposes of receiving or making payments
We may also collect special category of personal data that may include:
Evidence of medical history for fee exemptions
Your data may be shared with the Legal department for the purposes of GDPR and legal advice.
The Planning Inspectorate and Agents in regard to a Planning appeal.
The law requires us to maintain the information on the register of planning applications indefinitely, and as such information relating to applications will be available on our website permanently. Comments and objections on applications form part of the statutory register and we will retain copies of these alongside the planning application.
S106 information may be retained permanently for enforcement, audit and monitoring purposes. Enforcement complaints are retained permanently as the records are necessary to inform the planning process.
Pre-application enquiries will be held indefinitely as they form part of the planning history for the site and the data will be used for monitoring and enforcement purposes, however these will not be published on line.
Your information will be stored electronic databases, document management systems and on paper records
We will only make your information available to those who have a need to know in order to perform their Council role.
Examples of the security measures we use:
Your information is not processed outside of the United Kingdom.
We will not make automated from the data provided.
You have the following rights in relation to your personal information:
If you have a concern about how we collect or use your personal data you can contact the Council’s Data Protection Officer.
We aim to resolve all complaints about how we handle personal information. You also have the right to make a complaint about data protection to the Information Commissioner's Office.
Contact them by post: Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF or phone 0303 1231 113.
You can also make a complaint or find out more information on the Commissioner's Office website.
If your complaint is not about data protection, find details on how to make a complaint about a council service.