Making your Lawful Development Certificate appeal (Guide)

Appendix 7

Data Protection and Privacy in the Planning Inspectorate

Introduction

Under the Data Protection Act 1998 we have a legal duty to inform you about and protect any information we collect from you.

When considering an appeal, the Inspector (or the Assembly) receives a variety of personal information. This information comes from a number of sources including:

• the original application, together with any documents of support or objection;
• the appeal form together with any further documentation of support or objection.

In accordance with current statutory obligations most of the documentation received will be made accessible to the public. Nevertheless, The Planning Inspectorate, recognises the importance of the privacy of individuals. These notes set out what information we collect and how it will be used.

Data Protection

We have put in place procedures to ensure that it complies with the Data Protection Act 1998 when handling your personal information.

In particular we will:

• only use your personal information for the purposes of dealing with and considering the relevant planning appeal;
• only hold your personal information for as long as is reasonably necessary. For completed appeals this is usually 12 months, although we will retain a copy of the Inspector’s decision indefinitely. It may be that personal information could form part of the Inspector’s decision.

Who has access to your personal information?

The appeal papers will be open for inspection at the council’s offices and anyone can view them.

Any person entitled to be notified of the decision in an inquiry case has a legal right to apply to inspect the listed documents, photographs and plans within 6 weeks of the date of decision. Other requests to see appeal documents will not normally be refused.

In addition, when the electronic Planning Portal is available, the majority of personal information received will be placed on the Casework web site [www.planningportal.gov.uk] and will be accessible worldwide by any third party, including individuals or organisations who have no direct interest in the particular appeal.

What information do we collect?

When dealing with an appeal we could receive personal information about you from a number of persons, including:

• local planning authorities;
• yourself;
• other persons interested in the appeal.

The information we receive is varied but may include:

• details of your name, address and occupation;
• information as to your health;
• information relating to your opinions or intentions in respect of a planning application/appeal.

What steps should you take?

Only provide personal information if you are happy for it to be placed in the public domain.

Do not include personal information about another third party (including family members) unless you have told the individual concerned and they are happy for you to send it.

Tell us as soon as possible if any of the personal information you have provided should change.

The Data Controller

The data controller (the organisation responsible for dealing with personal information) is the First Minister of the Office of the Deputy Prime Minister.

Your Rights to Access Personal Data

We have to provide you with a readable copy of the personal data that we keep about you within 40 days. There is a statutory charge of £10. Evidence or proof of your identity will be required. It is both in our interest and yours to hold accurate data. If the data we hold is inaccurate in any way, then without charge and where appropriate, you may have the data:

erased,
rectified or amended,
completed.

For any enquiry or concern about our privacy policy, or to request access to your personal data contact our Data Manager:

Alastair Grant
Data Manager
The Planning Inspectorate
Room 3/16 Eagle Wing
Temple Quay House
2, The Square,
Temple Quay
Bristol BS1 6PN

Telephone: 0117 372 8922
Email: alastair.grant@planning-inspectorate.gsi.gov.uk

Related information about our Privacy policy is available on our web site at http://www.planning-inspectorate.gov.uk at the section marked “Privacy Statement”.

Dispute

We aim to ensure that we have resolved any matters satisfactorily, however, if you are not satisfied with our response you may contact:

The Information Commissioner
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF

Switchboard: 01625 545 700
Fax: 01625 524 510
DX: 20819 Wilmslow
Website: http://www.dataprotection.gov.uk/
E-mail: mail@dataprotection.gov.uk

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