Planning privacy notice

Our contact details

Name: Data Protection Officer

Address: Time Square, Market Street, Bracknell, RG12 1JD

Phone Number: 01344 352000

Email: dpo@bracknell-forest.gov.uk  

Bracknell Forest Council is registered as a controller with the Information Commissioner’s Office (ICO).

You can find us on the ICO website - our registration number is Z4971654.

The type of personal information we collect

We currently collect and process the following information:

• names
• addresses
• contact information (email addresses and telephone numbers)

How we get the personal information and why we have it

Planning applications

The personal information we process is provided to us by you when you submit your planning application or make representations in relation to an application. We use the information as part of the planning decision making process, in order to process your application.

Planning applications may be submitted, or representations made, in a variety of ways and we may therefore receive the information using the following:

• an application by the Planning Portal
• Bracknell Forest Council online forms
• to our team email account
• applications or representations by post to the council offices

The Planning Portal has its own privacy notice.

Planning enforcement

The personal information processed in relation to planning enforcement may be provided to us by you as an individual, or from the following:

• police
• government departments
• members of parliament
• other local authorities

We use the information for one or more of the following reasons:

• to progress enforcement investigations into alleged breaches of planning control
• to contact and update both complainants and any potential contraveners of planning control

We receive the personal information in the following ways:

• the online form on our website
• electronically or by post from individuals
• verbally, by telephone or in person when at an address where there is a potential breach of planning control

Planning policy

The personal information we process is provided to us by you when you submit a comment on a planning policy document (for example: Local Plan, or Supplementary Planning Document (SPD) or neighbourhood planning documents). This is used in order to inform planning policy documents.

Information that we collect is:

• names
• addresses
• email addresses

These are only used to inform the named person of outcomes of the different stages of the planning policy process that the person has expressed an interest in.

How the law allows us to use your personal information

Lawful basis for processing

Under the UK General Data Protection Regulation (UK GDPR), the lawful basis we rely on for processing the information is Article 6 of the UK GDPR:

• (a) You have given consent
• (c) We have a legal obligation
• (e) We need it to perform a public task

Public task

Our obligation to carry out a public task, is found in the following:

• The Town and Country Planning Act 1990 (as amended)
• The Town and Country Planning (Development Management Procedure) (England) 2015)

Your consent

Where we do use consent to process your personal data, we will explain to you what we are asking you to agree to and why.

If we have consent to use your personal data, you have the right to remove it at any time. If you choose to withdraw your consent, we are unlikely to be able to provide services to you.

If you want to remove your consent, email development.plan@bracknell-forest.gov.uk. 

Who we share your information with

Planning applications

As a local authority, we have a duty to make some details contained in planning applications, as well as other documents used in the planning process, available to the public so that they can comment on the application. We publish the names and addresses of applicants, agents and anyone making representation on a planning application. 

A weekly report of all planning applications received and planning decisions issued is circulated internally to other teams within the council on our internal distribution list of consultees, and to councillors.

Planning enforcement

We may be required to pass information to the following organisations so that they may respond to the complaints or concerns about breaches that fall within their remit:

• Environmental Health (the Public Protection Partnership)
• The Highway Authority
• the police

Planning policy

Any information that we collect is not shared with any other parties.  It is used solely for the purpose of informing the policy documents and keeping any interested parties up to date with the different stages of the documents that they have shown interest in.

How we store your personal information

Planning applications

Your information is securely stored on idox (our document management system for Planning) and on the public planning register. Temporary folders are set up on our Electronic Document and Records Management System (EDRMS), Microsoft SharePoint whilst we process your application internally.

We keep planning applications indefinitely based on our legal obligation to do so.

The information held temporarily on the EDRMS will be deleted once the application has been processed internally and is no longer required to be held there.

Planning enforcement

Your information is securely held on our Electronic Document Management System (EDRMS), Microsoft SharePoint.

We keep planning enforcement records indefinitely.

Planning policy

Your information is securely held on our consultation portal (Objective).

You can at any point amend, or ask not to be notified about the plans, or ask for your information to be deleted.

We will at the end of each Development Plan process consult everyone on the database as to whether they would still like to be a part of the process or amend their details.  

Retention periods are laid out in the council’s retention and disposal schedule.

Your data protection rights

Under data protection law, you have rights we need to make you aware of. The rights available to you depend on our reason for processing your information.

Your right of access

You have the right to ask us for copies of your personal information. This right always applies. There are some exemptions, which means you may not always receive all the information we process.

Find out more about your right of access from the ICO.

Your right to get your data corrected

You have the right to ask us to correct information you think is inaccurate. You also have the right to ask us to complete information you think is incomplete. This right always applies.

Find out more about your right to get your data corrected from the ICO.

Your right to get your data deleted

You have the right to ask us to delete your personal information in certain circumstances.

Find out more about your right to get your data deleted from the ICO.

Your right to limit how organisations use your data

You have the right to ask us to limit the processing of your information in certain circumstances.

Find out more about your right to limit how organisations use your data from the ICO.

Your right to object to the use of your data

You have the right to object to processing if we are able to process your information because the process forms part of our public tasks.

Find out more about your right to object to the use of your data from the ICO.

Your right to data portability

This only applies to information you have given us. You have the right to ask that we transfer the information you gave us from one organisation to another, or give it to you.

The right only applies if we are processing information based on your consent or for the performance of a contract, and the processing is automated.

Find out more about your right to data portability from the ICO.

Service adjustments

As a public authority and a provider of services to the public, we have a legal duty to comply with the Equality Act 2010.

This means we need to make service adjustments for anyone with a disability who contacts us in any capacity, to eliminate any barriers to accessing our services.

Our lawful basis for processing this information is article 6(1)(c) of the UK GDPR as we have a legal obligation to provide this. Our processing of special category data, such as health information you give us, will be based on article 9(2)(a), which means we need your consent.

We will create a record of your adjustment requirements. These will give your name, contact details and type of adjustment required, along with a brief description of why it is required. Relevant staff can access this to make sure they are communicating with you in the required way.

Please contact development.control@bracknell-forest.gov.uk or planning.enforcement@bracknell-forest.gov.uk should you require service adjustments.

How to complain

If you have any concerns about our use of your personal information, you can make a complaint to us at dpo@bracknell-forest.gov.uk  

You can also complain to the ICO if you are unhappy with how we have used your data by:

• visiting the ICO website
• phoning the ICO helpline on 0303 123 1113
• writing to:
  • Information Commissioner’s Office
    Wycliffe House
    Water Lane
    Wilmslow
    Cheshire
    SK9 5AF