Privacy Notice: Fulfilling statutory development control and planning enforcement obligations

About us

Great Yarmouth Borough Council (the Council), Town Hall, Hall Plain, Great Yarmouth, Norfolk, NR30 2QF, 01493 856100, is the data controller for the purposes of the Data Protection Act 2018 (DPA) and the UK General Data Protection Regulations (UK GDPR).

How we use your data

We will use your personal information for the purposes of the provision of fulfilling our statutory planning and enforcement obligations. The processing of this information is necessary for the Council to undertake a public task as defined under Article 6(1)(e) of the Act, i.e. the processing is necessary for the Council to perform a task in the public interest or for its official functions, and the task or function has a clear basis in law, namely:

• Town and Country Planning Act 1990
• Town and Country Planning (Local Planning) (England) Regulations 2012
• Planning Act 2008
• Highways Act 1980
• Localism Act 2011
• Housing and Planning Act 2016
• Environmental Protection Act 1990
• Planning (Listed Buildings and Conservation Areas) Act 1990
• Town and Country Planning (Development Management Procedure) (England) Order 2015 and related legislation.

Where data classified as special category is processed, it is done so under Article 9(2)(g) of the GDPR and paragraph 6, Schedule 1 of Data Protection Act 2018.

Your data will be used to:

• make decisions and provide advice on all applications sent to the planning department
• monitor development
• enter into legal agreements for example section 106 and Community Infrastructure Levy (CIL).
• complete and send reports to Government departments
• investigate breaches of planning
• administer the Planning application and appeals process
• support a fair and transparent Planning process
• monitor development and ensure development is lawful
• respond to queries or issues raised by you

Data sharing

The following information will be published on our website:

• applicant address and details relating to the property subject to the application/notice

• agent name, address and contact information

• address of enforcement notices

• commentator name and addresses when commenting on planning applications and other applications or notices for consent

• any objector comments on planning applications

We operate a policy where we routinely redact the following details before making forms and documents available online:

• contact information (emails, telephone numbers)
• signatures
• special category data (such as information about health or other sensitive personal information as defined by legislation)

• any other information clearly signposted to us as personal and confidential

Your data will be used for this specific purpose although your details will be shared between Council departments and the Planning Inspectorate should it be deemed necessary due to a decision or legal process. Data will not be shared with any other organisation unless there is lawful authority to do so.

We will always use or share information for the prevention or detection of crime or the apprehension or prosecution of offenders.

How long we hold your data

Legislation requires us to maintain a register of planning applications indefinitely, therefore any information relating to applications (Decision Notices, Legal Agreements, Plan Approvals etc) will be available to view on our website permanently.

Any documents or reports submitted as part of the application process will also be retained indefinitely.

All applications, comments, enquiries and requests are recorded on our computer system, therefore any details you have supplied to us will be permanently stored electronically.

We will only use the information you have supplied within the terms of data protection laws, it will be stored on the Councils secure, encrypted and password-protected computer system.

Your rights

You have a number or rights available to you, including the potential right to see copies of all the data held about you, to ask for it to be corrected or deleted, to request the Council to restrict what it does with your data in certain circumstances, to object to what the Council may do with your data, and to data portability.

Please note that these rights are not absolute and there are circumstances where they do not apply or the Council may override these rights, however, if this is the case you will be informed of this.

Further information

If you want more information you may contact the Council's Data Protection Officer at gdpr@great-yarmouth.gov.uk or telephone the Council on 01493 846325 and ask to speak to the Data Protection Officer. If you are unhappy with the way your personal information is being handled you can contact the independent Information Commissioner at: https://ico.org.uk/.