Details
- Name of service - Planning Development Management and Enforcement
- Directorate - Place
- Date of issue - 25 May 2018
- Date of current version - 10 January 2025
- Review date - 10 January 2027
Notice
The reasons why we use your personal data
This privacy notice applies to the service that carries out the statutory Planning Development Management and Planning Enforcement functions within Surrey County Council.
We are required to collect your personal data to carry out our statutory duty as a Local Planning Authority. This is a public task and is why we do not need you to opt in to allow your information to be processed, published and retained.
What processing of personal data is undertaken by this service?
We do not sell your information to other organisations. We do not move your information beyond the UK. We do not use your information for automated decision making.
Your personal data is provided to us for the purposes of:
- applying for planning permission
- commenting on a planning application
- dealing with enforcement complaints
- investigating a potential planning contravention
- making enquiries about planning matters
Data is used to:
- process, assess and determine planning applications
- monitor development
- keep you informed about the outcome of planning applications that you have commented on or expressed an interest in
- assess what enforcement measures may be necessary
We may conduct follow-up research with those that have contacted us using the data provided to us. This data will be used internally for service improvement purposes and , if published or shared with other organisations, will be aggregated and anonymised.
What information do we collect?
We collect the minimum of information that is necessary to undertake our statutory duty and will include the following:
- Name
- Contact Details, including your address
- Contents of any submissions made
This data is provided to us in a number of ways including completing planning application forms on our website, submitting enforcement complaint forms, sending us letters and emails or completing forms on a third party transaction site, such as The Planning Portal.
Planning Contravention Notices ask for much more detail regarding the matter being investigated. There are six standard questions then a number of other questions specific to the site. We only ask for information we need to further our investigation.
We may use cameras to assist in capturing evidence of breaches of planning control. These could include, but are not limited to, cameras on phones and mobile devices, body worn cameras and may consist of still photos or film footage.
If we collect additional data from you from follow-up surveys, this is voluntary and not part of our statutory duty. This information will be limited to our performance and material you were provided with.
How we are allowed to use your personal data
We are allowed to hold and process your personal data as it is necessary in order for us to perform our statutory planning duties under various UK legislation including, but not limited to:
- Town and Country Planning Act 1990
- Planning and Compulsory Purchase Act 2004
- Localism Act 2011
- The Town and Country Planning (Environmental Impact Assessment) Regulations 2017
- The Town and Country Planning (General Permitted Development) (England) Order 2015
Who we share your personal data with
Planning applications and representations in respect of planning applications are public documents. As such they have to be in the public domain and available for public inspection. Application data will be shared with the relevant Borough or District Council as they maintain the statutory planning register.
In the event of a 'call in' by the Secretary of State or an appeal, information will be shared with the National Planning Casework Unit (NPCU) or the Planning Inspectorate.
Representations on applications valid prior to 1 October 2024 will be sent to the relevant district or borough council, as has been long-standing practice. They may publish them on the planning register, but there is no legal obligation so to do. For applications valid after 1 October 2024 (and for some prior applications where the district or borough do not publish representations) representations will be published on our online planning register in an anonymised form.
There are statutory bodies that we may contact and share information with in the course of undertaking our statutory planning and enforcement work. These often include local planning authorities, the Environment Agency, the Police and sometimes other regulatory authorities such as the Health and Safety Executive (HSE).
Redaction ('blanking things out')
We operate a policy where we routinely redact the following details before making documents available online:
- Signatures
- Special Category Data, such as supporting statements that include information about health conditions or ethnic origin
- Information agreed to be confidential
- Number plates, phone numbers and people on images
Sometimes we might decide it is necessary, justified and lawful to disclose data that appears in the list above. In these circumstances we will let you know of our intention before we publish anything.
If we have a lawful reason to share information unredacted, then we will do so without letting you know. For example, sending documents and images to other authorities.
We may redact other personal details of third parties from supporting information before putting it online. The unredacted application content will, however, be shared with the local authority managing the planning register.
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 or your representation. The best way to contact us about this issue is by sending an email to mwcd@surreycc.gov.uk
Retention of data
Data will be retained as part of the background information on which planning decisions are made or as part of the site history in respect of planning enforcement.
Some minerals planning applications can take years to determine, years to discharge any conditions and then years to extract. We keep residents who have made representations informed of progress and give the opportunity to make additional representations if more information is submitted.
If we conduct follow-up research then individual responses will be kept no longer than 5 years, but the aggregate and anonymised results may be kept permanently.
Data will be retained in accordance with our specific data retention schedule.
Other information
For further information on our privacy notices, please see information and privacy.