Data Controller: Erewash Borough Council, Town Hall, Wharncliffe Road, Ilkeston, Derbyshire, DE7 5RP
Data Protection Officer - Head of Law and Governance.
Erewash Borough Council, Ilkeston Town Hall, Wharncliffe Road, Ilkeston
Derbyshire, DE7 5RP email dataprotection@erewash.gov.uk
Call 0115 9072244
To comply with the Data Protection Act, we manage your information in accordance with the following Privacy Notice
The Council is committed to being transparent about how it collects and uses the data it collects and to meeting its data protection obligations.
Introduction
The Planning Policy Team collects personal data in the production of Development Plan Documents.
This privacy notice sets out how your personal data will be used and by whom, if you opt-in to any of our ‘areas of interest’ and therefore give us consent to use your personal data to send you future mailings in relation to public consultations or notifications on our planning policy documents.
What information does the council collect?
The council collects a range of information about you. This includes your name, address and contact details, including email address and telephone number
The council may collect this information in a variety of ways, for example:
- The data you provide on representations to Local Plan consultations;
- The data you provide in response to a call for sites, for example when we compile the Strategic Housing Land Availability Assessment (SHLAA) or related documents
- The data you provided when opting in to the Consultation database.
Data will be stored in confidential electronic filing systems and, on occasion, in paper files (for information received in hard copy format).
Local Plan Consultations
Personal data is required in order for local plan responses to be considered as duly made representations. The Council cannot accept anonymous responses as all representations received will be made available for public inspection and therefore cannot be treated as confidential.
They will also be:
- Published in the public domain
- Published on the Council’s website
- Shared with other organisations for the purposes of developing/adopting the Ashfield Local Plan
- Forwarded to the Secretary of State for consideration
- Made available to the Planning Inspector appointed by the Secretary of State to examine the Local Plan
- Used by the Inspector to contact you regarding the Examination of the plan.
When making representations available on this website, we will remove all telephone numbers, email addresses and signatures, however names will remain visible.
By submitting your representation to local plan consultation, you agree to your personal details being processed in accordance with these Data Protection Terms.
Why does the council process personal data?
During consultations the Planning Policy Team requires certain data from you in order to assess your representations. This informs us how our development plans may affect you, and enables our Officers to make contact with you to discuss matters further and provide any updates.
Any personal data submitted during a call for sites will be kept securely on file and will not be published in the SHLAA or other document. Personal data may be used by officers to make contact with you about your submission.
Who has access to data?
If you have made a representation to planning document, your name and your representation will be made available on a report. All other personal data is redacted from the representation form and not available for public inspection. The data will only be accessed by Officers, the Planning Inspectorate or sub-contractors in the performance of their duties relevant to your representation.
In the event of an investigation by the Local Government Ombudsman the data you provide may be shared with the Ombudsman.
How does the council protect data?
The council takes the security of your data seriously. It has internal policies and controls in place to ensure that your data is not lost, accidentally destroyed, misused or disclosed, and is not accessed except by our employees in the proper performance of their duties.
For how long does the council keep data?
Personal data is retained on the planning policy database during the plan making phase unless we are asked to remove it. As such if you respond to a consultation, we will retain your personal data and consult you at the next stage unless you chose to opt out. You can do this at any time by e mailing planningpolicy@erewash.gov.uk
With regard to personal data submitted via Local Plan consultations, this will be retained for as long as is required in the production of that plan, i.e. until the adoption (or withdrawal) of that document.
Personal data submitted during a call for sites will be retained in order for us to contact you in subsequent calls however you can asked to be removed at any time.
Your rights
As a data subject, you have a number of rights. You can:
- Access and obtain a copy of your data on request
- Require the council to change incorrect or incomplete data
- Require the council to delete or stop processing your data, for example where the data is no longer necessary for the purpose of processing; and
- Object to the processing of your data where the council is relying on its legitimate interests as the legal ground for processing.
If you would like to exercise any of these rights, please contact the Council’s nominated Data Protection Officer, Erewash Borough Council, Town Hall, Wharncliffe Road Ilkeston, Derbyshire, DE7 5RP, email dataprotection@erewash.co.uk or telephone 0115 9072244.
If you believe that the council has not complied with your data protection rights, you can complain to the information Commissioner.
What if you do not provide personal data?
The Council has a statutory obligation to process your data in relation to planning representations under the Town & Country Planning Act 1990 and the Town & Country Planning (Planning Policy Procedure) (England) Order 2015.
You are not under any statutory or contractual obligation to provide your data to the council in respect of representations. However if you do not provide the information, the council may not be able to respond to your enquiries properly or at all.
Concerns about the use of personal data or its accuracy
If you have concerns about the use of your personal data by Erewash Borough Council or its accuracy, you may contact dataprotection@erewash.co.uk
For independent advice about data protection, privacy and data sharing issues, you can contact the Information Commissioner’s Office at:
Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire SK9 5AF
Call 0303 123 1113 (local rate) or 01625 545 745 if you prefer to use a national rate number. Alternatively, visit the ICO website or email casework@ico.org.uk