Document

Privacy Notice - Development Management: Planning

1. In providing us with your personal information you hereby acknowledge that Neath Port Talbot County Borough Council is the Data Controller for all the personal information you provide (for the purpose of the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 (DPA)).

2. The personal data which we collect from you will be used by the Council (pursuant to it carrying out its various statutory and business functions) for the following purposes:

As part of the statutory records we hold under Primary legislation identified below along with all other subordinate secondary legislation and Regulations:

1. Town & Country Planning Act 1990
2. Planning (Listed Buildings and Conservation Areas) Act 1990 Planning and Compulsory Purchase Act 2004
3. Planning (Wales) Act 2015
4. The Town and Country Planning (Local Development Plan) (Wales) (Amendment) Regulations 2015
5. The Environmental Assessment of Plans and Programmes (Wales) Regulations 2004 The Conservation (Natural Habitats, &c.) Regulations 1994
6. EC Directive 92/43/EEC on Conservation of Natural Habitats and of Wild Fauna and Flora (Habitats Directive)
7. Active Travel (Wales) Act 2013
8. The Countryside and Rights of Way Act 2000

As part of the provision of our Planning Pre-application Advice Service
As part of our Enforcement Investigations under the above-referenced Acts and Regulations.
As part of ‘Distribution Lists’ targeted at providing you with information about Planning, Policies and Procedures, including relevant National information and/or guidance
To contact you for research purposes to enable us to improve the services we offer. We may contact you by email, phone, or mail.

3. As a Data Controller the Council is required under GDPR to inform you which of the Article 6 GDPR “Data Processing Conditions” it is relying upon to lawfully process your personal data. In this respect please be advised that in regards to the data provided by you we are relying on the following two Article 6 conditions;

1. “The data processing is necessary for compliance with a legal obligation to which the controller is subject”. (Article 6(1)(c) UK GDPR).
2. “The 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.” (Article 6(1)(e) UK GDPR).

4. We may share your personal data securely with the following third parties (i.e. persons/bodies/entities outside the Council) in accordance with data sharing arrangements which we have in place with those third parties

The Council may also consult with those bodies set out in Schedule 4 of the Town and Country Planning (Development Management Procedure) (Wales) Order 2012 as amended.

These include;

Welsh Minsters
Health and Safety Executive
The Coal Authority
SWTRA
Natural Resources Wales (NRW)
Dwr Cymru Welsh Water.
Glamorgan Gwent Archaeological Trust.
Mid and West Wales Fire Authority.
Network Rail
CADW
Statutory Undertakers
Adjoining Local Authorities.

The Council will share information with Planning Environment Decisions Wales (PEDW) if an appeal is received relating to the planning application.

5. The personal information collected from you will be held by the Council for a period of:

Section 69 of the 1990 Act requires the LPA (Local Planning Authority) to keep a register in respect of applications for planning permission. The register must be available for public inspection at all reasonable hours. There were similar provisions in the 1947 and 1971 Acts.
Article 29 of the 2012 Development Management Procedure Order requires Part 2 of the Register to contain the following documents in respect of every application for planning permission:

- a copy of the application together with accompanying plans, drawings and design and access statement

- particulars of any direction given under the 1990 Act or the development order in respect of the application

- the decision, if any, of the Local Planning Authority , including conditions

-details of any decision of the Welsh Ministers in respect of the application

- the date of any subsequent approval (whether in respect of reserved matters or any other approval) given in relation to the application.

-a copy of any Section 106 or 278 Agreement entered into in connection with the Local Planning Authority's or Welsh Ministers' decision on the application or taken into account by them in making the decision together with particulars of any modification or discharge of any such agreement

There is no time limit on the local planning authority's duty to make the above available for public inspection. The above documents cannot therefore be destroyed unless they are stored and available electronically.

However, in terms of other documents on the planning application file such as consultee responses and public representations, these would constitute background papers for a report and so would need to be available for public inspection for minimum of 4 years from the date of any decision. As such all other background information would be reviewed for disposal, 6 years post determination of that application.

In relation to Enforcement Complaints, all Enforcement Register entries are to be retained as required by legislation, including all cases where formal enforcement notices are served. Where cases are closed upon compliance, non-expediency, no breach of planning or subsequently granted planning approval. Personal data will be reviewed for removal after a period of 6 years following closure of that case.

6. Please note that we are required to collect certain personal data under statutory requirements and in such cases a failure by you to provide that information to us may result in the Council being unable to provide you with a service and/or could render you liable to legal proceedings.

7. We would inform you that under Article 21 UK GDPR you have the right at any time to object to the Authority about the fact that we are processing your personal data for the purposes of carrying out a public task or exercising our official authority.

8. The Council will not transfer any of your personal data outside of the European Economic Area or other country with an adequacy decision. All processing of your personal data by us will be carried out in the United Kingdom, European Economic Area or other country with an adequacy decision.

9. The Council will not use your personal data for the purposes of automated decision making.

10. Please be advised that under UK GDPR individuals are given the following rights in regards to their personal data:

The right of access to their personal data held by a data controller.
The right to have inaccurate data corrected by a data controller.
The right to have their data erased (in certain limited circumstances).
The right to restrict the processing of their data by a data controller (in certain limited circumstances).
The right to object to their data being used for direct marketing.
The right to data portability (i.e. electronic transfer of data to another data controller).

Further information on all the above rights may be obtained from the Information Commissioner’s website: www.ico.org.uk.

11. In the event that you have any queries regarding our use of your personal data, you wish to have access to the same or you wish to make any complaint regarding the processing of your personal data please contact the Council’s Data Protection Officer at the Chief Executives Directorate, Civic Centre, Port Talbot, SA13 1PJ.

12. Please be advised that in the event that you make a request or a complaint to the Council’s Data Protection Officer (see 11 above) and you are dissatisfied with the Council’s response you are entitled to complain directly to the Information Commissioner’s Office. Details of the Commissioner’s Office contact details and further information on your rights may be obtained from the Commissioner’s website – www.ico.org.uk.