Planning Service Privacy Statement

Planning Service Privacy Notice 

This privacy notice explains how the Planning Service uses information in the course of its work as local planning authority.

Planning Applications

Planning legislation (the Town and Country Planning Act 1990) requires Brighton & Hove City Council to make details of applicants and proposals for planning permission publicly available. The Planning Service uses the information provided to make decisions about the use of land in the public interest. This is known as a “public task” and the information is available on the online planning register found via  the council’s website. This information includes some personal information, such as names and addresses of the owner and applicant as well as any agent. Details such as signatures, personal telephone numbers and personal email addresses are redacted before being published on the website.

You need to be aware that when you submit a planning application to us, the application, plans and any related documents that you send to us are permanently kept as part of the public record. We have a statutory duty to make them available for any member of the public to see. This includes planning application documents and consultation responses received in paper format, which we scan and keep electronically.

Sometimes individuals will supply “special category data” in support of their planning application (eg evidence of medical history). If you are submitting supporting 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 application. You can do this by contacting planning.applications@brighton-hove.gov.uk

Comments on Planning Applications

The full text of any comments that are received by hard copy post, email or via the planning register regarding the application will also be made available on the online public register but will not include personal data (name, postal and e mail address, telephone number, signature). However, you will need to ensure that you do not provide any personal data or special category data (eg medical information) about yourself in the body of your comments which is capable of identifying you to anyone else. If you do, you need to be aware that this will be seen by the public at large.  If you wish to make comments providing any personal data or special category data about yourself which is capable of identifying you then you should consider doing so by contacting the planning case officer so that this information is not published to the public at large.  

All comments will be summarised in a publicly available report and may be reported to the council’s Planning Committee.

If you are making comments on a planning application, to reduce the chances of identity theft please remember to include the minimum necessary personal information, namely your name and postal address.

We will take into account unsigned comments on planning applications, but we do require a name and a postal address which we will use for the following purposes:

  • Should we need to contact you in relation to your comment
  • In order to decide (in certain cases) whether the proximity of your address to the application site counts towards the number of representations necessary to require the application to  be determined by Planning Committee (as opposed to being determined by an officer)
  • When it needs to be shared (please see “When and why we share you information” below)

Planning Document Consultation (e.g. Local Plans, SPDs Etc)

Any comments that are received during the period of consultation will be made available in the Statement of Consultation and its Appendices and analysed for the purposes of plan making/policy making. All comments may be reported to the council’s relevant Committees and the Planning Inspectorate in verbatim and summary form and published on our website and in hard copy for members of the public to see. Personal data (name, postal and e mail address, telephone number, signature) will be redacted from publicly available documents: however, we will retain your name and contact details in case we need to contact you in relation to your comment and we may need to share your information (including personal data) in appropriate cases as noted in “When and why we share your information” below.

Enforcement

We receive allegations of unlawful development that we investigate before deciding whether or not to act. Allegations are a useful way for the council to learn about potential breaches of planning control and we treat the personal data of the persons who make the allegations in confidence. These personal details are not made public but are retained by the council for the purposes of contacting the person who made the allegation. However, the information received (including personal data) may be shared as set out in “When and why we share your information” below.

When and why we share your information

Sometimes, in order to process your enquiry or consider your comments/ representations, we need to share the information (including personal data)  that you give us either with other service departments within Brighton & Hove City Council (for example Housing, Legal, Environmental Health and Economic Development) or with other external 'partner' organisations (for example Local Authority & Parish Councils, South Downs National Park Authority, East Sussex County Council, Natural England and the Environment Agency), and the Planning Inspectorate (Secretary of State).

Further information

For more information on Data Protection you can contact the team by calling 01273 295959 or by email at data.protection@brighton-hove.gov.uk