Development Management Privacy Notice
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Council contact details
Winchester City Council
Registered Office:
Colebrook Street
Winchester
Hampshire
SO23 9LJEmail: customerservice@winchester.gov.uk
Tel: 01962 848 222
Website: Home - Winchester City Council
Service area contact details if a shared mailbox is available as follows:
Planning – planning@winchester.gov.uk
Enforcement – enf@winchester.gov.uk
Strategic Planning – planningpolicy@winchester.gov.uk
Historic Environment - planning@winchester.gov.uk
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Information that we hold
We currently collect and process the following information for functions carried out by our Development Management Service:
- names, addresses and contact details (phone numbers and email addresses) of applicants, agents, representatives, public contributors, complainants and enquirers
- property or site details
- medical or health information where relevant
- details of race and ethnic origin where relevant
- political opinions
- religious or philosophical beliefs
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How the information is obtained
Most of the personal information we process is provided to us directly by you or your representative for one of the following reasons:
- as part of an application
- by contributing to applications and consultations
- to make an enquiry, request or complaint
- to report alleged breaches of planning control
- to comment on planning policy documents, the Local Plan or Neighbourhood Plans
- to register an interest in self and custom build housing
- to request regular communications and updates
We also receive personal information indirectly, from the following sources in the following scenarios:
- Land Registry enquiries, to identify landowners, investigate allegations and serve notices
- DVLA data enquiries, to identify vehicle keepers
- complainants, reporting alleged breaches of planning control
- special category information such as political opinions, race or ethnic origin, religion or beliefs can be implicated within an application but not explicitly requested by the council eg a representative of a religious organisation submitting a planning application
- South Downs National Park as we process Planning Applications on their behalf under an agency agreement. Their Privacy Notice can be viewed here Privacy Statement - South Downs National Park Authority
There are a number of reasons why we need to collect and use your personal information. Generally, we collect and use personal information when:
- it is necessary to meet our legal obligations set out in law
- we are carrying out a task which is in the public interest which is supported in law
- you have requested a service from us
- you, or your legal representative, have given us your consent
- on the basis of substantial public interest, when processing special category data, which will be proportionate to the aim pursued
The legislation which supports this processing is mainly in the list below but from time to time other legislation may be relied as the legal basis for processing data:
- Ancient Monuments and Archaeological Areas Act 1979
- Anti Social Behaviour Act 2003
- Environment Act 1995
- Environmental Impact Assessment Regulations 2017
- Environmental Information Regulations 2004
- Localism Act 2011
- Planning (Hazardous Substances) Act 1990
- Planning (Listed Buildings and Conservation Areas) Act 1990
- Planning and Compulsory Purchase Act 2004
- Police and Criminal Evidence Act 1984
- Self Build and Custom Housebuilding Act 2015
- Town and Country Planning Act 1990
- The Town & Country Planning (General Permitted Development) (England) Order 2015 (as amended)
- The Town and Country Planning (Development Management Procedure) (England) Order 2015 (as amended)
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What we do with the information
We use the information that you have given us in order to:
- consider and determine applications
- assess fee exemptions using health data
- advise you of and carry out consultations
- provide updates
- carry out investigations and enforcement action
- tell you the outcome of an application, enquiry, request or investigation
- notify you of the date of public meetings
- notify you if an appeal is received
- issue and serve notices
- identify the demand for self and custom build housing
Failure to provide data:
- such as the applicant name or other relevant information will mean your application cannot be processed
- anonymous comments may not be considered and the contributor will not be kept up to date
- anonymous complaints relating to alleged breaches of planning control will not be investigated
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Publication of comments from contributors to applications
- comments will be published online and be available for the public to view, but personal and sensitive information will be redacted (such as contributors’ names, addresses, phone numbers, email addresses and signatures). The name and address of the contributor will be published in full
- comments will be used by the planning officer and comments summarised in the delegated or committee report when making their decision
- Please do not include any of your personal data within the text of your comment will be reviewed on receipt and published on our website
- all comments are provided to the Planning Inspectorate in the case of an appeal
- Important: Applications and comments are checked for sensitive information before publication however we strongly recommend that you indicate documents in whole, or in part which contain personal information you do not wish to be made public.
- We have a legal duty to make certain information available and cannot guarantee all such requests will be approved. Please do not provide information such as health or medical information where it is not required.
- Please also refrain from including personal information or comments about other people unless they have given their consent for you to do so and you can provide evidence of their consent.
Historic Environment:
- Information held in connection with Listed Building Application and records to support responding to enquiries.
- Register of Listed Buildings
- Register of Non Designated Heritage Assets.
Planning Enforcement:
- the council will seek to maintain the confidentiality of a complainant at all times – but where an enforcement investigation proceeds to court, it may be necessary to identify the complainant
- a register of Enforcement, Stop, etc notices is maintained and is available for public inspection
- neighbours, Ward Councillors, Parish and Town Councils and other interested parties are informed in the case of an appeal
- the Planning Inspectorate – in the case of an appeal
- a copy of any information given to the Planning Inspectorate is sent to the appellant
Planning Policy:
Location addresses of contributors are made public, however names, exact addresses and contact information are withheld
- comments received on Planning Policy consultations are open to public inspection
- comments received on the Local Plan are shared in full with the Planning Inspectorate
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How long we keep your information for and how we securely dispose of it after use
We keep your personal information for the purpose of planning matters in line with the council’s retention policy and schedules. Statutory registers such as planning decisions, approved plans and legal agreements are kept forever.
Other supporting documents, reports, comments, letters of complaint or other types of correspondence vary in their retention period. Special category data to determine fee exemption will only be held until the exemption is confirmed.
We will securely dispose of your information in line with the council's retention and destruction policies.
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How we store your information
Your information is securely stored electronically on the council’s systems. Where hard copy files are also maintained, these are held in a secure environment.
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Your data protection rights
The law gives you a number of rights over what personal information is used by us and how we use it. Please see the council’s Privacy Policy for further information Privacy Policy - Winchester City Council
Please be aware that your rights may differ depending on the lawful basis for processing your personal data.
Details on our website Data Protection and Privacy - Winchester City Council
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Who to contact
If you would like further information about how we use your personal information, or you wish to exercise one of your data rights or you wish to complain about the use of your personal information please contact our Data Protection Officer. Details on our website Data Protection and Privacy - Winchester City Council
If you are still dissatisfied once you have contacted the Data Protection Officer, you have the right to complain to the ICO.
The ICO’s address:
Information Commissioner’s Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AFHelpline number: 0303 123 1113
Website Home | ICO
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Changes to this privacy notice
Privacy notices are live documents, which will be updated or revised in line with legislation.
Last updated June 2022