What this document is for
Norfolk County Council (the County Council), as the County Planning Authority has a statutory duty to
- produce a Minerals and Waste Local Plan for Norfolk and
- determine planning applications and control development within Norfolk relating to:
- mineral workings (extraction, processing etc.) like sand, gravel, carrstone, silica sand, clay and other materials within Norfolk
- the recycling, recovery, processing or disposal of waste
- the County Council’s own developments such as schools, road schemes and libraries
This privacy notice provides information on how, we, the County Council uses your personal information. By ‘use’ we mean the various ways it may be processed, including storing and sharing the information.
This privacy notice serves as a privacy notice:
- under the UK General Data Protection Regulation (GDPR) for the County Council’s general planning functions; and
- under Part 3 of the Data Protection Act 2018 (the DPA) for the County Council’s law enforcement activities for planning
We also provide further details regarding:
- who we are
- how long we use your information for
- your rights under the GDPR and the DPA
- how to exercise them
You can see this information in the County Council’s general privacy notice on our web site or you can ask us for a copy of this information.
What we use your information for
We use your personal information primarily to assist in:
- the production of the Minerals and Waste Local Plan for Norfolk including carrying out consultations on emerging Minerals and Waste Local Plan
- the determination of planning applications including considering representations in the determination of a planning application, together with any subsequent appeal that may be lodged
- enforcement action in respect of breaches of planning permissions including
- the serving of notices and
- prosecutions for failure to comply with these notices
- the monitoring of permitted sites
- the improvement of our services
We also use this information to assess the quality of our services and evaluate and improve our policies and procedures.
We may also use information in other ways compatible with the above.
The information we collect and use
We collect and use the following information about you:
- email address
- telephone number
- any other information that you may provide to us within the content of your planning application or representations
- criminal convictions information in relation to enforcement action
The GDPR includes safeguards to protect the use of your criminal conviction data. Further details can be found in our Special category data and criminal offences data policy which sets out our procedures for compliance with the principles of the GDPR and the retention and erasure of this information
The DPA includes safeguards to protect the use of your data for law enforcement functions. Further details can be found in our Law enforcement processing safeguards policy which sets out our procedures for compliance with the principles of the GDPR and the retention and erasure of this information
Who provides this information
The information we hold is information you have provided to us as:
- a promoter of an allocation in the Minerals and Waste Local Plan
- a respondent on the Minerals and Waste Local Plan consultations
- an applicant for planning permission
- a respondent on planning applications
- a complainant
The legal basis for processing your information
We have legal grounds to process this information:
- Under the GDPR because it is necessary:
- for the performance of a task carried out in the public interest. The tasks we carry out in the public interest are under the:
- Town and County Planning Act 1990 and associated regulations
- Waste (England & Wales) Regulations 2011
- Planning (Listed Buildings and Conservation Areas) Act 1990
- Planning and Compulsory Purchase Act 2004 and associated regulations
- The Openness of Local Government Bodies Regulations 2014
- for compliance with a legal obligation, such as to determine a planning application.
- Under the DPA for law enforcement purposes under the Town and Country Planning Act 1990 and associated regulations
We have legal grounds to process (including share) criminal convictions data because it is necessary for reasons in the substantial public interest and in the exercise of a statutory function. (The statutory functions are under the legislation list above)
Who we share your personal information with
Where you make representations in response to public consultation on the Minerals and Waste Local Plan for Norfolk
To ensure that the consultation is considered in an open and transparent, we publish your representations on the County Council’s website (excluding personal details such as signatures, phone numbers and email addresses).
Any sensitive personal data, such as medical information that you include in connection with your representation, will be omitted from any documents included on the website and on inspection at County Hall. However, we will still hold the full consultation response in order to make an informed decision on the content of the Local Plan.
We may contact you about subsequent consultations stages. For this reason, we will retain your personal details until the Minerals and Waste Plan is adopted and the period for legal challenge has passed.
Your representations made at the submission (Regulation 19 publication) stage will also be provided to the planning inspectorate as this is a formal requirement of the process.
Your representations will be kept in the Council’s planning database.
Where you propose a minerals or waste allocation for inclusion in the Minerals and Waste Local Plan
To enable your proposed allocation to be fully considered in an open and transparent way we will, with the exception of the information detailed below,
- publish your proposal, including any supporting evidence on the county councils web site as part of the consultation process on the local Plan
- notify statutory consultees, such as the Environment Agency, Natural England, and district and town/parish councils and the general public of the fact and invite comments
Unless required to by law, we will not publish:
- personal data relating to landowners
- the phone numbers, signatures and email addresses (where this constitutes personal data) of an agent or potential site operator who is not the landowner.
Where you make a planning application
To enable your planning application to be considered in a transparent and open
manner, we will
- publish the application (including supporting drawings, reports and correspondence) on the County Council’s website. Your name and address will be retained in your application on the website, but any signatures and contact details will be blocked from public viewing
- notify statutory consultees such as the Environment Agency, Natural England, and district and town/parish councils and residents of the fact and invite comments
- make a full unredacted copy of the application available for inspection on request by a member of the public at County Hall
In the event of you submitting an appeal in connection with your planning application, your application information (excluding any redacted personal details) will be provided to The Planning Inspectorate.
Where you make representations in respect of an application as part of the consultation process
To ensure that planning applications are considered in an open and transparent manner, we will
- publish your representation on the County Council’s website. Your name and address will be retained in your representation on the website, but any signatures and other contact details will be blocked from public viewing
- make a full unredacted copy of your representations available for inspection on request by a member of the public at County Hall
Any sensitive personal data, such as medical information that you include in connection with your representation, will be omitted from any documents included in the website and on inspection at County Hall. However, we will still hold the full consultation response in order to make an informed decision on the planning application.
We may also use your information to contact you prior to and following determination of the planning application, including notifying you of any amended proposals together with any subsequent appeal.
In the event of an appeal being lodged in connection with a planning application, your representation (excluding any redacted personal details) will be provided to the Planning Inspectorate.
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.
How long your personal information will be kept
We will retain your information including personal data for a minimum of 4 years as required by the Openness of Local Government Bodies Regulations 2014 at which point we will determine whether your information should be archived in the public interest or securely destroyed.
If you have any queries let us know. Please note: during the period up to archiving or destruction we will both hold a full copy and publish a redacted a copy on our web site.
All planning applications are held on a public register and will not be deleted as they may be used for monitoring implementation of permissions and conditions and considering permitted development rights.
How we keep your information
The information is stored electronically on the County Council’s secure system. A paper copy is also held securely in the County Council’s filing system.
We do not process your information outside of the UK.
Automated decision making
We do not make automated decisions in respect of these services.
Changes to this notice
We may amend this privacy notice at any time so please review it frequently. The date below will be amended each time this notice is updated.
This notice was amended on 09/07/2021