PN0507
Regeneration & Strategy
Planning – Local Plan
Calderdale Metropolitan Borough Council of Town Hall, Crossley Street, Halifax, HX1 1UJ is registered with the Information Commissioners Office (ICO) under the provision of the Data Protection Act 2018. The Council takes its responsibilities as Data Controller under the Data Protection Act and UK GDPR very seriously. This privacy notice explains how our Spatial Planning team processes your personal data in respect of Planning policy including planning, consultations, and legal obligations in respect of Planning Regulations.
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
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 (including Sustainability Appraisal, Strategic Environmental Assessment (SEA) and 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 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 Corporation
- Planning Policy Documents – information will be shared with the Planning Inspectorate, where required by planning regulations, who will hold the Public Examination on behalf of the Secretary of State for Levelling Up, Housing and Communities.
- Neighbourhood Plans – information will be shared with the Independent Examiner of the Plan.
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
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 that 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
The GDPR provides the following rights for individuals. Not all rights are absolute and therefore will only apply in certain circumstances:
- The right to be informed
- The right of access
- The right to rectification
- The right to erasure
- The right to restrict processing
- The right to data portability
- The right to object
- Rights in relation to automated decision making and profiling.
You also have the right to complain to the Data Protection Officer if you feel that your data has not been handled in accordance with the law. You can contact the Council’s Data Protection Officer at information.management@calderdale.gov.uk.
You also have the right to lodge a complaint with the Information Commissioner’s Office at www.ico.org.uk