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Planning Policy and Housing Strategy

 June 2020

The following privacy notice applies to Planning Policy service, including Housing Strategy and explains the principles the council will follow when collecting, handling and processing personal information.

Rutland County Council is the data controller for the personal information collected.  

Purposes of processing your personal data

We need to process your personal information in order to prepare Planning Policy documents and Housing Strategy policies, in particular, when dealing with consultation responses and submissions for consideration.

Consulting on the preparation of a Local Plan is a statutory duty under the Town and Country Planning Act and is carried out in line with the Council's published Statement of Community Involvement (SCI).  There are also a number of other planning documents which support this, such as Neighbourhood Plans (produced by Parish and Town Councils and any designated Neighbourhood Forums), Supplementary Planning Documents and Community Infrastructure Levy policy documents.  The Council also has to prepare a number of policy documents to support our strategic and operational housing duties.

We have to collect information on payment, delivery, feasibility, needs and conformity with requirements.  We also process information needed for evidence base documents and assessment of requirements, including information from Energy Performance Certificate datasets and housing needs information.

Our lawful basis for undertaking these tasks

We will collect your personal data with your consent.  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).

  • 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.

    There are several pieces of legislation that apply to the processing of planning and associated applications. The main rules that set out how to process these applications are contained in:

    Planning and Compulsory Purchase Act 2004, Localism Act 2011, Town and Country Planning (Local Planning) (England) Regulations 2012.

     

    Legislation that applies to Housing Strategy processing include the Housing Acts 1985, 1996 & 2004, the Homelessness Act 2002, the Localism Act 2011, Housing Grants, Construction and Regeneration Act 1996, Regulatory Reform (Housing Assistance)(England and Wales) Order 2002 and Home Energy Conservation Act 1995.

In order to provide this service, we may need to process some or all of the following categories of personal information:

  • Contact details;

  • Date of birth;
  • Housing needs information.
  • Consultees may also sometimes provide unsolicited personal information as part of their consultation responses.

Sharing your data

We will share your personal data with:

  • Organisations and individuals with a right to see it under the Freedom of Information Act, Environmental Information Regulations and other relevant legislation.

  • 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.
  • For Local Plan documents as defined by the Regulations, data received at the Proposed Submission (Regulation 19) stage will be forwarded to the Planning Inspectorate along with other Local plan submission documents required for the independent Examination in Public. 

 Your rights

Data protection law provides you with certain rights, however not all of these rights will be available to you in all situations, particularly where we process your information as part of one of our statutory duties.  Where we are under a legal duty to use data for a particular purpose you will not have the right to prevent it being used in that way.

If you have any worries or questions about how your personal information is handled by Rutland County Council,  please contact our Data Protection Officer at dataprotection@rutland.gov.uk or by calling 01572 758165.

For independent advice about data protection, privacy and data sharing issues, you can contact the Information Commissioner’s Office (ICO) at:

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire, SK9 5AF

Tel: 0303 123 1113  or 01625 545 745.

Alternatively, visit the website for the Information Commissioner's Office or email casework@ico.org.uk

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