Guide to taking part in planning appeals - If you want to comment on someone else's appeal
Appendix 5 - 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 a planning appeal, the Inspector (or the Secretary of State) receives a variety of personal information. This information comes from a number of sources including:
- the original planning application, together with any documents of support or objection;
- the appeal form, together with any other documentation of support or objection.
In line with current statutory obligations, we will make most of the documents we receive available to the public. But we (as part of Communities and Local Government) recognise the importance of the privacy of individuals. This chapter sets out what information we collect and how it will be used.
Data Protection
We have put procedures in place to make sure that we work in line with the Data Protection Act 1998 when we handle your personal information.
In particular we will:
- only use your personal information to deal with and consider the relevant planning appeal; and
- only hold your personal information for as long as is reasonably necessary. For planning appeals that have been decided, this is usually 12 months. It may be that personal information could form part of the Inspector’s decision letter, which may be available from various sources for longer.
Who has access to my 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 told about the decision in an inquiry case has a legal right to apply to inspect the listed documents, photographs and plans within six weeks of the date of decision. Other requests to see the appeal documents will not normally be refused.
Also, when the electronic Planning Portal is available later this year, we will put most of the personal information we receive on the casework website (www.planningportal.gov.uk). This means that anyone around the world who does not have a direct interest in the appeal can see the information.
What information do you collect?
When dealing with a planning appeal, we could receive personal information about you from a number of people and organisations, including:
- local planning authorities;
- you; and
- other people and organisations interested in the appeal.
The information we receive is varied but often includes:
- details of your name, address and occupation;
- information about your health; and
- information relating to your opinions on or intentions towards a planning application or appeal.
What steps should I take?
You should only provide personal information if you are happy for it to be available to the public.
Do not include personal information about other people (including family members) unless you have told the person concerned and they are happy for you to send it.
The data controller
The data controller (the organisation responsible for dealing with personal information) is part of Communities and Local Government.
Your rights to access personal data
We have to give you a copy of the personal data that we keep about you within 40 days. There is a charge of £10, which is set by law. You will need to send us proof of your identity to get this information. It is in our and your interests to hold accurate data. If the data we hold is inaccurate in any way, you can ask us to erase, amend or add to the information. We will not charge you for doing this.
If you have a question about, or are worried about, our privacy policy, or if you would like to see the personal information we hold about you, contact our Data Manager.
Data Manager
The Planning Inspectorate
Temple Quay House
2, The Square
Bristol
BS1 6PN.
Telephone: 0117 372 6372
You can find information about our privacy policy on our website at www.planning-inspectorate.gov.uk at the section marked ‘Privacy Statement’.
Dispute
We aim to make sure that we have sorted out 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: www.dataprotection.gov.uk
E-mail: mail@dataprotection.gov.uk