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Community Infrastructure Levy and Section 106 Planning Obligations

June 2020

As part of our commitment to protecting your information, we have updated our Privacy Notice to explain how we collect, store and handle your personal data.

We have always been careful to protect your information, but this is part of our ongoing commitment to be transparent about how we use your information and keep it safe. This will also give you more clarity over how your information is being managed.

We have also addressed the new standards introduced by the European data protection law, known as the General Data Protection Regulation (GDPR).

We process information for the purpose of administering the Community Infrastructure Levy in accordance with the Community Infrastructure Levy Regulations 2010 (as amended) and Section 106 Planning Obligations in accordance with the Town and Country Planning Act 1990 (as amended). This legislation requires us to collect data relating to applicants, agents liable parties landowners and interested parties.

We will use your personal data as part of the Councils statutory duties in relation to the administration of the Community Infrastructure Levy (CIL) and S106 Planning Obligations. This includes any contact by email, letter or telephone. We may also receive information about you from third parties, including Planning Agents and Interested Parties.  CIL legislation requires us to collect data relating to applicants, agents, liable parties, landowners and interested parties (as appropriate). 

The Council uses your personal information in order to deal with planning obligations related matters such as the determination of CIL Liabilities, checking previous reliefs and exemptions granted to ascertain eligibility, answer queries on land searches, to populate the Local Land Charges register, and to check for discharge of S106 related obligations. We will also use your personal information in order to consult with you on planning applications and to consult you on or notify or inform you of planning obligation related matters. 

Information collected:

  • Basic information including name, address and contact details.

  • Any other information you provide to us which is required by the CIL Regulations, including data which may include personal identifiers or sensitive information.

  • If you are granted an exemption or relief from CIL, then further personal information may be required to be collected and stored in order to grant said relief/exemption, such as utility bills, bank statements, mortgage details, insurance details etc.

  • We may also collect visual images (site photos) and financial details (associated with payment of fees and evidence documents).

Agencies we might share the information with: 

  •   Other local authorities, consultants and organisations that are providing services on the Council’s behalf or providing evidence base or monitoring information for the Council, either directly or through a partnership;

  • Other Council services for example to register CIL as a land charge and for the monitoring and enforcement of CIL liabilities;
  • Other organisations that may benefit from CIL or S106 planning obligations;
  • Third parties including the Planning Inspectorate (PINS) or Valuation Office Agency for the purposes of determining CIL appeals; and
  • Organisations and individuals with a right to see it under the Freedom of Information Act, Environmental Information Regulations and other relevant legislation.

Additionally, any CIL Notices bearing your name and address may be copied to any other persons who have a material interest in the land contained within the red edge of the planning application/permission. Your agent (if applicable) may also receive a copy unless you have expressly requested that they do not.

Documents relating to S106 and information relating to CIL are published on our website.  However any personal information such as your telephone number, email address and signature will be removed and is therefore not subject to general public access.

Purpose for processing:

  •   Service delivery;

  • Service planning and improvement;

  • Fraud prevention and detection; and

  • Monitoring the ongoing delivery of legal requirements

Under the General Data Protection Regulation (GDPR), the legal bases we rely on for processing personal information for general purposes are:

  • Legal Obligation - The processing is necessary to comply with the law (not including contractual obligations);and

  • Public Task - The processing is necessary for the performance of a task carried out in the public interest or an official function, with a clear basis in law.

How long we will keep your information:

We only keep this data for the time specified in our retention schedule or as required by law. Information regarding the Councils data retention periods can be found at: https://www.rutland.gov.uk/my-council/data-protection/data-retention/

Further Information:

For information regarding to your data rights and how the Council will process your information please visit our website at www.rutland.gov.uk/dataprotection 

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