Privacy Notice - Planning Services

Please read the following Privacy Notice carefully.

Why we are collecting your data

We collect and use your personal information as a public authority where it is necessary for the performance of a public task in the public interest. We also collect and use your personal information where it is necessary for compliance with a legal obligation, such as to determine a planning application.

We get applicant information in two ways - it is supplied to us directly (or via a planning agent on their behalf) or we receive it from a third party website that provides a transaction service.

Third party websites that provide us with a transaction service include:

• The Planning Portal

• iApply

We also receive comments, representations, allegations and questions via email, letter, and through our platform(s).

Basildon Borough Council needs to collect your personal data so that the Council can deliver decisions on planning applications. You need to provide us with some personal data (e.g. name, address, contact details). In a small number of circumstances individuals will provide us with "special category data" in support of their application (e.g. evidence of medical history).

Some information provided to us we are obliged under the regulations to make available on
planning registers. This is a permanent record of our planning decisions that form part of the planning history of a site, along with other facts that form part of the "land search".

Information collected

Name and Contact Details

• Family Details

• Signature

• Images

• Health  records

• Web Data (e.g. location data, IP address, cookies)

We use the information provided to us to make decisions about the use of land in the public interest. This is known as a "public task" and is why we do not need you to "opt in" to allow your information to be used.

• Emails

• Post

• Application forms

• Website

• Phone

• Third parties

The basis for the processing

Contract: the processing is necessary for the Council to provide the service that an individual and/or Business has purchased (e.g. contract), or because the Council has to take necessary steps before entering into a contract.

Legal obligation: the processing is necessary for the Council to comply with the law (not including contractual obligations). Under the Town and Country Planning Act 1990 as amended and other relevant legislation.

Public task: the processing is necessary for the council to perform a task in the public interest or for your official functions, and the task or function has a clear basis in law.

Made public: Processing relates to personal data manifestly made public by the data subject.

Archiving purposes: processing is necessary for archiving purposes in the public interest, or scientific and historical research purposes or statistical purposes in accordance with Article 89(1).

Who your information will be shared with

• Any planning application correspondence submitted to Basildon Borough Council may be shared with other organisations and other parts of the Council for the purpose of the planning process only. Copies may also be provided to third parties, such as the applicant, agent and/or consultees.

• If you comment on a planning application we will remove personal details (your telephone number, email address and signature) from the comment before sharing with other organisations. All information (including personal data) stored on our databases may be managed and hosted by a contract with an external provider. We do not currently publish consultation or neighbour comments received on a planning application online on our website.

• Where relevant, all correspondence received will be sent to the Courts or the Local Government Ombudsman (LGO) in the event of a legal challenge or complaint to the LGO.

• Applicants and Agents should note that all information submitted as part of the planning application will be made publicly available and will be shared with third-parties where necessary, including Essex County Council, statutory consultees, neighbouring properties and any other parties at the council's discretion. Any information which the application or agent does not want to be available in the public domain should not be included as part of the planning application.

• We have arrangements with a range of IT providers who support the Council's IT systems and services, therefore your data may be accessed by these suppliers. Where we have these arrangements there is always a contractual agreement with them to ensure they comply with the Data Protection Law.

We will never sell your data, however it will be shared with third parties to:

• Comply with legal obligations and legislative requirements

• Help business partners, suppliers and sub-contractors to deliver any contract we enter with them or you

• To help if there is need of any professional or legal advice on a matter relating to you

• To help prevent fraud and/or tackle crime

• To improve and optimise the performance of our services

Provide accurate information

We need to hold accurate and up to date information about you so that we can deliver appropriate services. If any of your details change, you need to tell us as soon as possible so that we can update your records.

We will not:

• Use your information for marketing or sales purposes without your prior explicit consent.

• Send or store your data abroad unless it meets the requirements of the Data Protection regulations

• Make decisions about you based on automated processing.

How long will we hold your data for?

All information submitted within a planning application, consultee and neighbour representations, and petitions, including names, addresses, signatures and contact details, will be retained by the council on a permanent basis and will form part of the Statutory Planning Register.

Your rights

You have the right to access the personal information we hold about you.  Any access requests are free of charge.
If the information we hold about you is inaccurate, you have a right to have this corrected and you have the right to request completion of incomplete data.
You have the right to ask us to erase your personal data in certain circumstances ('right to be forgotten').

You have the right to ask us to stop or restrict the processing of your personal data, in certain circumstances.  Where possible, we will seek to comply with your request, but we may need to hold or process information to comply with a legal requirement.

You can make any of these requests by:

• Email: Data Protection Officer (opens new window)

• Phone: 01268 533333

• Letter to:

If you are dissatisfied with how we have used your personal information, you can complain to the Information Commissioner's Office, by:

• Email: casework@ico.org.uk (opens new window)

• Phone: 0303 123 1113 (local rate) or 01625 545 745

• Letter to:

Further independent advice about data protection, privacy and data sharing issues is available from the Information Commissioner's Office, see:

• Information Commissioner's Office (ICO) (opens new window).