Calderdale Metropolitan Borough Council (the Council) is responsible for handling your personal information. Our address is Town Hall, Crossley Street, Halifax, HX1 1UJ. We are registered with the Information Commissioners Office (ICO) and follow UK Data Protection laws to keep your information safe.
The type of information we will collect:
- Name, address and contact details.
- Details of the business/organisation you represent and your position there, if applicable.
- Agent details if applicable.
- Land ownership details.
- Your representations (comments) in respect of any consultation you take part in.
How we collect information about you
We may collect information about you either directly from yourself or from other indirect sources associated with Planning. For example, through representations submitted as part of planning policy consultations, requests to be added to registers, the completion of survey forms, via phone, through our contact centre or face-to-face. We may also obtain your information from other sources such as:
- Internal council departments.
- Planning applications.
Why we collect and hold this information
The purposes of processing your personal information are:
- To manage the submission of representations during a public consultation exercise on:
- the Calderdale Local Plan;
- Neighbourhood Plans;
- the Gypsy, Traveller and Travelling Show people Development Plan Document (DPD);
- Supplementary Planning Documents (SPDs);
- other planning policy documents or supporting documents, which include:
- Sustainability Appraisal;
- Strategic Environmental Assessment (SEA);
- Habitat Regulations Assessment and to maintain a record of those representations.
- For work required relating to the Council's responsibilities in respect of the introduction of Community Infrastructure Levy (CIL) and the subsequent Examination of the draft CIL Charging Schedule.
- To monitor progress in the implementation of the Local Plan, including the building out of allocated sites and determination of the Council's housing and employment land supplies (allocated and non-allocated or windfall sites).
- To employ the data submitted as part of the 'Call for Sites; survey to inform the preparation of the Local Plan and subsequent reviews.
- To maintain a Self-Build and Custom Build Register.
- To maintain a Brownfield Land Register.
- To allow us to contact you with relevant correspondence if you have given your consent for us to do so.
Sharing your personal data
- Information provided via our online Consultation Portal is shared with our software providers Objective.
- Planning Policy Documents. Information may be shared with the Planning Inspectorate, where required by planning regulations. (They will hold the Public Examination on behalf of the Secretary of State for Housing Communities and Local Government.)
- Neighbourhood Plans. Information will be shared with the Independent Examiner of the Plan.
- Information about landowners, developers, agents and other site promoters provided to inform the Council's work on housing and employment land supply may be shared, as necessary, with the Council's other Council Services. These include the Major Projects Team, Economy Housing and Investment Teams and within the work associated with housing and land supply.
We will never share your personal information with third parties without your consent unless the law allows us to do so.
The lawful basis for the processing your data
- Article 6(1)(c). For compliance with a legal obligation to which the controller is subject
- Article 6(1)(e). For the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
Our legal obligations are set out in the UK National Planning Policy Framework. This includes, but is not limited to:
- Planning and Compulsory Purchase Act 2004.
- The Town and Country Planning (Local Planning) (England) Regulations 2012.
- The Neighbourhood Planning (General) Regulations 2012.
- Town and Country Planning (Brownfield Land Register) Regulations 2017.
- Self-Build and Custom Housebuilding Regulations 2016.
- The Community Infrastructure Levy Regulations 2010.
- Localism Act 2011.
- Levelling Up and Regeneration Act 2023.
Retaining your personal information
Your information will not be kept for longer than necessary.
- Representations made on local planning documents will be retained until adoption of the next document or until revocation of that document.
- Information held on the Self-build and Custom Housebuilding Register will be kept until we are informed that the individual/group is no longer looking for a site and wish to be removed from the Register.
- Where you are subscribed to a mailing list, until such time that you notify the council you no longer wish your personal data to be held.
- If you submit a site for consideration for the Brownfield Land Register, your details will be held until you inform us that the site is no longer available for residential development or is developed.
Please note: If you request to be removed from the consultee database before the Local Plan or other policy document has been adopted, any comments you have made up to that point will remain part of the public record along with your name attributed to it. Your contact details will be deleted and your profile will be set to 'no further contact'.
To make a request to be removed from a mailing list or make a change to your consultee database profile, please contact spatial.planning@calderdale.gov.uk.
Your rights
Under UK GDPR, you have the right to:
- Know how we use your data.
- Access your personal data.
- Correct any inaccurate information.
- Ask us to delete your data.
- Restrict how we use your data.
- Get a copy of your data in a portable format.
- Object to how we use your data.
- Challenge automated decisions made about you.
Not all rights are absolute and some will only apply in certain circumstances.
You do not have to pay to exercise these rights. If you make a request, we will respond within one month.
How to contact us
If you believe we have not handled your data properly, email the Data Protection Officer: information.management@calderdale.gov.uk.
You can also report concerns to the Information Commissioner’s Office (ICO).