Planning and Related Applications/Enforcement Privacy Statement

What we need and why

The council is the ‘Data Controller’ of the personal data you provide to us. We only collect personal data about you which we need to process your planning application, any appeal or any representation or enforcement observation you are making in line with the council’s statutory powers under the Town and Country Planning (Scotland) Act 1997, the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 and the High Hedges (Scotland) Act 2013) (hereafter 'Planning Law'). This includes name, address, email, unique online identifiers such as IP addresses, which are numbers that can uniquely identify a specific computer or other network device on the internet etc.

What we do with it

Your personal information is held on servers within the EEA and processed by our staff in the UK.

While the council maintains data protection controls in line with the General Data Protection Regulation, other data protection legislation and its own Information Security Policy to ensure the effective and secure processing of personal information you need to be aware that when you submit an application under the Planning Law to us the application (including your personal data), associated plans and supporting documents that you send to us are part of public record. We have a statutory duty to make them available to any member of the public for inspection (for example via our Public Access website).

The applicant or their agent are to highlight to the council, when submitting an application, any sensitive personal data such as information about health conditions, development viability etc that they do not wish to be published or disclosed. If this is not made clear to the council, this information may be published on the council’s Public Access Website.

The council will discuss with the applicant/agent any information that they have stated they do not wish to publish if the council believes that it will have a material effect on the decision making process.

Your personal data will be used to deal with your application, other related applications and appeals or any representation in adherence with our statutory obligations, including appeals and enforcement action if required.

The personal information you provide will not be used for any other purpose unless required by law, to prevent or detect crime or to protect public funds.

How long we keep it

The council will keep all information that forms Part 2 of the Planning Register permanently, namely: a copy of the decision notice (which must include the location and description of the development); copies of any plans considered by the planning authority in determining the application; a copy of any environmental statement; a report setting out how the application was handled. This must summarise the main issues raised when considering the application including those in representations, consultations and various statements, summaries and reports and give details of the provisions of the development plan and any other material considerations to which the planning authority had regard in determining the application; and where appropriate, a copy of any appeal or review decision. This information may include personal information.

The council will retain the following information for 10 years following the determination of an application, unless an appeal is lodged, where the information will be retained permanently: a description of the development to which the application relates; the name of the applicant and the address at which the applicant may be contacted or, where an agent is acting on behalf of the applicant, the name of that agent and the address at which such agent may be contacted; the postal address of the land to which the development relates, or if the land in question has no postal address, a description of the location of such land; and copies of plans and drawings, any design statement or design and access statement and any pre-application consultation report. This information may include personal information.

Information submitted in relation to enforcement matters will be retained permanently.

Sharing information

In order to consider planning and related applications and associated enforcement matters, the council may share information with consultation bodies (including other sections of the council and government agencies). We may also share that information with any consultant or legal representative appointed by the council to assist in consideration and determination of the matter. 

If an appeal is lodged with the Planning and Environmental Appeals Division (DPEA), we will send them copies of all application correspondence, which may contain some personal information about applicants and third parties who have commented on the application.

Information, which may contain some personal information about applicants and third parties who have commented on an application or enforcement matter may be shared with the Crown Office and Procurator Fiscal Service in the event of a prosecution of any breach of relevant legislation.

We will not share your information with any other organisations unless required to do so by law.

Further information

Please note that you should read this service specific Privacy Notice in conjunction with the council’s Full Privacy Statement.