Planning privacy notices

Your privacy is very important to Breckland District Council.

Breckland District Council is the Data Controller responsible for the personal information you provide. Our Data Protection Officer can be contacted by:

  1. Telephone on 01362 656870
  2. Email: legal@Breckland.gov.uk
  3. Writing to us at Legal Services, Breckland District Council, Elizabeth House, Walpole Loke, Dereham, Norfolk, NR19 1EE

Your data will be processed by our Partners,Capita PLC of [Registered Office] 30 Berners Street, London, W1T 3LR Registered in England No.02081330.

Your rights

You have the right to access your data and correct any inaccuracies. For further details, please contact the Data Protection Officer orfind out about your rights online for a more detailed explanation.

Please also see our fullPrivacy Policy.


Council serviceBuilding Control
Why we need your personal data
  • To administer building regulation related applications and determine their outcomes
  • To enable investigation into alleged breaches of building control
  • To enable effective enforcement proceedings and prosecutions
  • To fulfil our legal obligations and Statutory Duty
The data we collect
  • Basic personal information, including name, address and contact details
  • Health data
  • Any other information you provide to us during the application process, including, but not limited to, property information, equalities information, and financial information

Furthermore, we collect data about those:

  • Making Building Regulation applications
  • Reporting alleged breaches, unauthorised work, dangerous structures
Why we're allowed to use it
  • Article 6.1(c) and 9.2(a) of the General Data Protection Regulations
  • The Building Act 1984
  • Building Regulations 2010 (as amended)
  • Housing Act 2004,
  • Regulatory Fire Safety Order 2005.
How your data is used
  • To deal with building control related matters such as the determination of applications
  • Your information may be shared with external bodies, such as statutory consultees (such as fire safety bodies or United Utilities), local authority Building Control partners, and the courts
  • We may also share your information with external agencies such as the Planning Inspectorate or Local Government Ombudsman in the event of direct appeals or complaints
How long the information is retained
  • All applications, enquiries and requests are entered onto our 'back office system'
  • We will always have any details you have supplied to us stored electronically
  • This system is only available to employees of Breckland District Council and staff employed by our Partners, Capita, with the correct level of training and access to view this data

Council serviceLand charges
Why we need your personal data
  • To respond to a land search
  • Provide updates
  • Tell you the outcome of a search, enquiry, or request
The data we collect
  • Basic personal information including name, address and contact details
  • Any other information you provide to us during the application process
  • Your personal data will either have been provided by you directly to us or it is data provided to us by a third party authorised to act on your behalf, such as a solicitor, conveyancer, mortgagee or agent

Furthermore, we will collect and hold information about those:

  • Making official or personal land searches
  • Making enquiries and requests
Why we're allowed to use it
  • Article 6(1)(c) of the General Data Protection Regulations
  • Local Land Charges Act 1975
How your data is used
  • To provide an accurate Local Land Charge search result for property or land within the Breckland Council jurisdiction
  • In some circumstances, it will be necessary to share your information with other departments of the council or with external third parties
    • These are: Council Legal Services, Judicial Agencies (Courts and The Planning Inspectorate), HM Land Registry, and Elected Members & MPs
How long the information is retained
  • All applications, enquiries and requests are entered onto our 'back office system'
  • We will always have any details you have supplied to us stored electronically
  • This system is only available to employees of Breckland District Council and staff employed by our Partners, Capita, with the correct level of training and access to view this data

Council serviceNeighbourhood planning
Why we need your personal data
  • To keep you informed about Neighbourhood Plans
The data we collect
  • Basic personal information including name, address and contact details
  • Information relating to expressed opinions or intentions in respect of neighbourhood plan consultations
Why we're allowed to use it
  • Article 6.1(c) of the General Data Protection Regulations
  • Town and Country Planning Act 2012
  • The Neighbourhood Planning (General) Regulations 2012
How long the information is retained
  • Data will be kept throughout the consulting process on Neighbourhood Plans
  • Once a Neighbourhood Plan has been made, and any period of statutory challenge has passed, we will destroy the data within a period of two months

Council servicePlanning (Development Management) and Planning Enforcement
Why we need your personal data
  • Assess fee exemptions
  • Advise you about a consultation
  • Determine an application
  • Provide updates
  • Tell you the outcome of an application, enquiry or request
  • Notify you if an appeal is received
  • Issue and serve a notice
The data we collect
  • Basic personal information including name, address and contact details
  • Your occupation
  • Information about your health
  • Information relating to expressed opinions or intentions in respect of a planning related application
  • Any other information you provide to us during the application process, including, but not limited to, Property Information, Equalities Information, Financial Information

Furthermore, we will collect and hold information about those:

  • Making planning, listed building and tree applications
  • Contributing to applications and consultations
  • Making enquiries and requests
  • Reporting alleged breaches of planning control
Why we're allowed to use it
  • Articles 6(1)(c), Article 6.1(e) and 9.2(a) of the General Data Protection Regulations
  • The Planning Act 2008
  • The Highways Act 1980
  • The Localism Act 2011
  • The Town & Country Planning Act 1990
  • The Housing and Planning Act 2016
  • The Environment Act 199
  • The Environmental Protection Act 1990
  • The Planning (Listed Buildings & Conservation Areas) Act 1990
  • The Equality Act 2010
How your data is used
  • To make certain details about planning-related applications available in the form of a public register, as per our statutory obligations
  • We will publish a copy of your completed application form and relevant supporting documents and drawings on our website
    • Unredacted copies as requested by the Planning Inspectorate will also be forwarded to the applicant/agent
  • We do publish comments and objections on our website, including your name and your address
  • In some circumstances, it will be necessary to share your information with other departments of the council or with external third parties
    • These are: Council Legal Services, Judicial Agencies (Courts and The Planning Inspectorate), The Environment Agency, The Police, and Elected Members & MPs
How long the information is retained
  • The law requires us to maintain the information on the register of planning applications indefinitely
    • Similarly, all documents/reports submitted in support of the application process will also be retained
  • All applications, enquiries and requests are entered onto our 'back office system'
  • We will always have any details you have supplied to us stored electronically
  • This system is only available to employees of Breckland District Council and staff employed by our Partners, Capita, with the correct level of training and access to view this data

Council serviceResponsEye
Why we need your personal data
  • Breckland Council may use ResponsEye software to conduct remote inspections/appointments with members of the public/customers. It is web-based and is accessed by customers through a web link.

Typical uses are:

  • Planning - To assist the case officer in making a determination on planning applications, investigations into planning enforcement matters and / or to assist with matters relating to the preparation of the council's Local Plan. 
  • Building Control - To assist the case officer in making a determination on Site Inspections and Dangerous Structures.
Terms and conditions
  • The decision to take part in a remote inspection is entirely up to you as the customer. You will be required to accept the following terms and conditions before the call can commence:
    • ResponsEye has been built to comply with the Data Protection Act 2018 and the guidelines of the European Commission for Human Rights (ECHR): to responsibly capture, process, distribute or share personal data collected via ResponsEye. By agreeing to use ResponsEye, you are authorising My Organisation Service to:
      • utilise your mobile device to securely capture your location (via GPS) and send live footage or images of incidents within My Organisation Service.
      • facilitate the appropriate work certification, authorising the use of any media captured for training or regulatory purposes.
    • Accepting that the provision of media will result in you being charged by your mobile network provider or utilisation of your contracted data allowance (in accordance with the charges / contract you have with your mobile network provider).Further information on ResponsEye and its use can be obtained from Capita.
  • You can stop the session when you want. However, ResponsEye enables:
    • The council to conduct remote inspections providing a connection with customers via a secure live streaming video or photo upload.
    • The council to make better, quicker decisions resolving enquires and issues raised.
    • Staff to use ResponsEye to call on remote expert advice to assist if required.
  • Failure to provide an applicant name will mean we are unable to process the application.
  • Anonymous complaints (no name and address) relating to alleged breaches of Planning or Building Control will not be investigated.
The data we collect
  • Your location.
  • Photos, which you are in control of taking.
  • Video clips, which you are in control of taking.
  • The type of mobile device that you are using.
Why we're allowed to use it
  • Article 6.1(e) UK General Data Protection Regulations.
How your data is used
  • The data will not routinely be shared with anyone and will be available to view only by the 'operators' who carry out the remote inspections and the named 'administrators'.
  • In some circumstances, it will be necessary to share your information with other departments of the council. These may include Environmental Health, Customer Services, or with external third parties:
    • Council Legal Services.
    • Judicial Agencies, such as Courts and The Planning Inspectorate.
    • The Environment Agency.
    • The Police.
    • Elected Members and MPs.
  • The link to join the session is deactivated after the session Information collected during this session will be used for Breckland Council to do mandatory inspections/appointments.
  • The information is only used for the purposes of the inspection/appointment. By agreeing to use ResponsEye you have consented to using your data in this way.
How long the information is retained
  • The system retains the video clips/photos for 30 days at which point they are then deleted.
  • Where video clips/photos are required for more than the 30 days they will be securely stored.
    • This will likely happen in the following circumstances:
      • If the case remains on the system for longer, this includes the customer mobile number and GPS coordinates of the inspection.
      • When the information is required to support the billing process with our supplier, we have agreed that this data will be deleted after the 12-month period (on a monthly basis).

Council serviceS106 Legal Agreement
Why we need your personal data
  • To enable investigation into compliance and alleged breaches of planning obligations.
  • To enable effective enforcement proceedings and prosecutions and to fulfil our legal obligations around our Statutory Duty.
The data we collect
  • Basic personal information including name, address and contact details.
  • Information about occupants of a dwelling/annexe/residential institution
  • Confirmation of type of Tenancy Agreement, including the submission of a copy of that agreement.
  • Links to the business, your occupation.
  • Confirmation you are registered on the council's Self-Build Register.
  • Information about your health, age, reason for stay, permanent residence elsewhere.
  • Dates of tenancy/employment/length of stay.
  • Any other information you provide to us during the process including, but not limited to, Property Information, Equalities Information, Financial Information.

We may receive and collect special categories of personal information where these form part of an application, such as:

  • Health data.
  • Political opinions.
  • Race/ethnic origin.
  • Religion or beliefs.
  • Financial data.
Why we're allowed to use it
  • Articles 6.1(c) and (e) and 9.2(a) of the General Data Protection Regulations.
  • The Planning Act 2008.
  • The Highways Act 1980.
  • The Localism Act 2011.
  • The Town & Country Planning Act 1990.
  • The Housing and Planning Act 2016.
  • The Environment Act 1995.
  • The Environmental Protection Act 1990.
  • The Planning (Listed Buildings & Conservation Areas) Act 1990.
  • The Equality Act 2010.
How your data is used
  • In order to comply with our statutory obligations we must make certain details about planning related applications available in the form of a public register.
  • We will publish a copy of your completed application form and relevant supporting documents, including any Legal Agreement, and drawings on our website.
  • We will only use your data for the specific purpose of checking compliance to Section 106 Legal Agreements.

In some circumstances, it will be necessary to share your information with other departments of the council or with external third parties. These are:

  • Council Legal Services.
  • Judicial Agencies, such as Courts and The Planning Inspectorate.
  • Elected Members and MPs.
How long the information is retained
  • The law requires us to maintain the information on the register of planning applications indefinitely.
  • Information relating to applications (Officers Report, Decision Notice, Approved Plan, Legal Agreements) will be available on our website permanently.
  • Documents/reports submitted in support of the application process will also be retained indefinitely.

Council serviceStrategic Planning (Planning Policy)
The personal data we collect
  • Basic personal information including name, address and contact details.

We will collect and hold information about those:

  • Submitting land for consideration of allocation in the Local Plan or other Planning Policy documents.
  • Making comments on Local Plan as part of a public consultation.
  • Making comments as part of a Neighbourhood Plan consultation.
Why we're allowed to collect it
  • Article 6(1)(c) of the General Data Protection Regulations.
  • The Planning & Compulsory Purchase Act 2004.
How your data is used
  • The Strategic Planning Team primarily only hold your name, address and email for the purposes of keeping you informed about our Local Plan and other planning policy documents that you have requested to be notified of, or where you have submitted land for assessment.
  • When comments are received on public consultation events we may publish your name, organisation and comments.

In some circumstances, it will be necessary to share your information with other departments of the council or with external third parties. These are:

  • Council Legal Services.
  • Judicial Agencies, such as Courts and The Planning Inspectorate.
  • The Police.
  • Elected Members and MPs.
How long the information is retained
  • We will normally retain your details throughout the process of producing a Local Plan, which can take several years.
  • Once a new Local Plan has been adopted, we will consider the need to retain your information and may contact you to check the details we hold are up to date, and that you wish to be contacted about future Local Plan work.
  • All comments, enquiries and requests are entered onto our 'back office system'. As a result of this, we will always have any details you have supplied to us stored electronically.
    • This system is only available to employees of Breckland District Council and staff employed by our Partners, Capita, with the correct level of training and access to view this data.

Council serviceStreet Naming and Numbering
Why we need your personal data
  • To determine an application.
  • To provide updates.
  • To tell you the outcome of an application, enquiry or request.
  • To issue and serve a notice.
The data we collect
  • Basic personal information including name, address and contact details.
  • Any other information you provide to us during the application process.

We will collect and hold information about those:

  • Making applications for the numbering and naming of Streets, Properties.
  • Making enquiries and requests.
Why we're allowed to use it
  • Article 6(1)(c) and (e) of the General Data Protection Regulations.
  • The Town Improvement Clauses Act 1847 (Sections 64 & 65).
  • Public Health Act 1925 (Sections 17 to 19 inclusive).
How your data is used
  • Facilitate us processing your application for Street Naming and Numbering/Re-Naming, and allow us to make a judgement/decision based on evidence and policy guidelines.

In some circumstances, it will be necessary to share your information with other departments of the council. These may include:

  • Local Land Charges - Required for the processing of Land Searches upon a property.
  • Electoral Registration.
  • Council Tax.
  • Building Control.
  • Planning.
  • Customer Services.

We may also share with external third parties:

  • The Post Office - this is required so that a Post Code can be allocated to a property.
  • Emergency Services - Emergency Services use the Official LLPG database to direct calls to the right people in respect of Fire, Police, Ambulance.
  • Utility Companies - These will need your official address to enable utilities to be granted to a property.
How long the information is retained
  • All applications, comments, enquiries and requests are entered onto our 'back office system'.
  • As a result of this, we will always have any details you have supplied to us stored electronically. This system is only available to employees of Breckland District Council and staff employed by our Partners, Capita, with the correct level of training and access to view this data.

 

Last updated: 05/05/2022 11:57:22