Planning privacy notice

This privacy notices sits beneath our top level privacy notice and provides information about how personal data is used by Hackney’s planning service:

• submitting a planning application
• submitting a building control request
• responding to a consultation

Please see the main privacy notice for details on your rights and who to contact about use of personal data.

 

Why do we collect data?

We need your information to process your planning application, appeals building control requests and other service requirements. Your details are also required if you intend to object to an application.

The information we collect is to fulfil our statutory duties under planning and building control regulations including, but not restricted to:

• the Town and Country Planning Act 1990 (as amended)
• the Building Act 1984
• the Building Regulations
• the Self Build and Custom Housing Act 2015

View a complete list of relevant legislation.

What legally allows us to collect your data?

There are several laws (outlined above) that we have to adhere to. This means that our lawful basis as outlined in GDPR is ‘legal obligation’.

Any ‘special category’ data (such as disability details) that we process will be done so under the ‘substantial public interest’ clause of GDPR, supported by the Data Protection Act 2018 clause relating to ‘statutory and government purposes’.

What data do we collect?

Your personal contact details will be required  to process your application.

You may also be asked to provide sensitive information relating to health or disability if this is relevant.

If an agent is acting on your behalf, their name and contact details will also be required.

We will also use your personal data in cases where enforcement action is necessary.

Where we share your data

We’re obliged to consult within the Council, with external agencies and with residents depending on the nature of your application. This may involve our sharing relevant information from your application.

We publish planning applications on our website, which includes the applicant/agent name and address; however, we do redact the following details before making the application available online to members of the public:

• personal contact details for the applicant eg telephone numbers, email addresses and signatures
• special category data eg supporting statements that include information about health conditions
• information agreed to be confidential eg bank statements, tenancy agreements etc

If you are submitting supporting information which you would like to be treated confidentially or wish to be specifically withheld from the public register, please let us know as soon as you can, ideally in advance of submitting the application.

The best way to contact us about this issue is by email to planning@hackeny.gov.uk or call us on 020 8356 8062.

Please note, agent details are not normally classed as personal data and therefore will be visible to the public.

Applications are made through a third party website, Planning Portal, this is managed on behalf of the Ministry for Housing for Communities, and Local Government. Information from this site is transferred securely to the Council.

We also receive allegations of unlawful development that we investigate and decide whether or not to act.

Allegations are a useful way for us to learn about potential breaches of planning control and we treat the personal details of the persons who make the allegation in confidence.

These personal details are not made public. We are required by statute to make public any enforcement notices we serve.

Your responsibilities

The applicant or their agent are to highlight to the Council, when submitting a planning application, any sensitive personal data such as information about health conditions, development viability etc that they don’t wish to be published or disclosed. If this is not made clear to the Council, this information may be published on our website.

Statistical analysis

We use data collected to produce a range of performance information. These are anonymised, so you can’t see individual data in the results. You can compare Hackney with other councils on the Ministry of Housing, Communities and Local Government website.

How long we keep your data for?

Planning consents are retained permanently. You can find out about other retention schedules on our main privacy notice.

Your rights

Please see our main privacy notice for more details on your right:

• to be informed
• to access your personal data
• to rectify your personal data if it is incorrect
• to restrict our processing of your personal data

If you do find that the information we hold on you is incorrect, you should contact us as soon as possible by emailing us at planning@hackney.gov.uk to update our records.