Planning Privacy Notice
Corby Borough Council Planning, Planning Enforcement, Planning Policy & Building Control
Why we collect information about you
We collect and hold information about those:
- making an application
- contributing to applications and consultations
- making enquiries and requests
- reporting alleged breaches of planning control
- unauthorised work for building control
- dangerous structures
This information is collected and stored so that we can administer the services and statutory obligations of Development Management (Planning), Planning Enforcement and Planning Policy.
We collect and hold contact information by making requests to Land Registry for the purposes of:
- informing land owners of policy consultations
- investigating allegations of and issuing notices relating to breaches of planning control
- advising property owners of dangerous structures
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
How will we use the information we hold about you?
We will collect information about you so that we can:
- 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 of the date of public meetings
- notify you if an appeal is received
- issue and serve a notice
What is the basis for us to process your data?
There are a number legislations (Acts of Parliament) that require us to capture, save and use your data. For a full list of all Acts used as a basis for processing the data please use this link.
We will require your consent to hold your contact details for the purposes of regular communications and updates.
Who we will share your information with
By law we must have registers of all planning applications made since 1948. These registers can be inspected by anybody. They have to include the applicant’s name and address, what the application is for, any plans or documents submitted and details of the decision. Comments received during consideration of the application form “background papers” to the application and are subject to public inspection.
Notifications that an application has been made will be sent to statutory consultees, these may include Ward Councillors, Parish Councils, Northamptonshire County Council and public bodies such as Anglian Water, Environment Agency and for Building Control applications the local fire authority and structural engineers. We may also be required by Government bodies, for example Ministry of Housing, Communities & Local Government (MHCLG) or Local Authority Building Control (LABC) to provide Building Control application data to ensure public safety is maintained.
Apart from the applicant’s name and address, all other contact information for the applicant (phone number and email) and all contact information for public contributors (name, address, phone number and email) is redacted before the application can be viewed.
If an appeal is made against a decision, the Appeal Inspector will ask for copies of all the documents we hold, including public comments, and a list of the names and addresses of everyone we have contacted about the appeal. A copy of all the information given to the Appeal Inspector must also be sent to the appellant.
Health data collected for the purposes of fee exemptions will not be made public. Neither will any health data included in public comments submitted for a planning application.
Failure to provide data
- Failure to provide an applicant name will mean we are unable to process the application.
- Anonymous comments (no name and address) may mean they cannot be taken into consideration and we will be unable to keep you informed.
- Anonymous complaints (no name and address) relating to alleged breaches of planning control will not be investigated.
- Failure to respond to a Planning Contravention Notice (asking for contact details) is a criminal offence.
Who can access your data & how long do we keep your records?
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 Corby Borough Council with the correct level training and access to view this data.
The registers containing Planning information, including comments and other ‘background papers’ do not have an expiry date.
Special categories of data to determine fee exemption will only be held until the exemption is confirmed and then securely disposed of
We have compiled a list of Frequently Asked Questions in regards to Data Protection and the General Data Protection Regulations (GDPR). For more information on the matter, please use this link
The following list of legislations and regulations all affect the data we collect, store and use. Please refer to each of the following links to see more information from the relevant organisation responsible for maintaining them. Please note that all these links go to websites outside of Corby Borough Councils control. We are not responsible for the content displayed on these sites.
- Ancient Monuments and Archaeological Areas Act 1979 https://www.legislation.gov.uk/ukpga/1979/46
- Anti-Social Behaviour Act 2003 https://www.legislation.gov.uk/ukpga/2003/38/contents
- Community Infrastructure Levy Regulations 2010 https://www.legislation.gov.uk/uksi/2010/948/contents/made
- Electronic Communications Regulations https://ico.org.uk/for-organisations/guide-to-pecr/
- Environment Act 1995 https://www.legislation.gov.uk/ukpga/1995/25/contents
- Environmental Impact Assessment Regulations 2017 https://www.legislation.gov.uk/uksi/2017/571/contents/made
- Environmental Information Regulations 2004 http://www.legislation.gov.uk/uksi/2004/3391/contents/made
- Local Audit and Accountability Act 2014 http://www.legislation.gov.uk/ukpga/2014/2/contents
- Localism Act 2011 http://www.legislation.gov.uk/ukpga/2011/20/contents
- Planning (Hazardous Substances) Act 1990 http://www.legislation.gov.uk/ukpga/1990/10/contents
- Planning (Listed Buildings and Conservation Areas) Act 1990 http://www.legislation.gov.uk/ukpga/1990/9/contents
- Planning and Compulsory Purchase Act 2004 http://www.legislation.gov.uk/ukpga/2004/5/contents
- Self build and Custom Housebuilding Act 2015 http://www.legislation.gov.uk/ukpga/2015/17/contents
- Town and Country Planning Act 1990 https://www.legislation.gov.uk/ukpga/1990/8/contents
- Building Act 1984 https://www.legislation.gov.uk/ukpga/1984/55/contents
- Housing & Building Control Act 1984 https://www.legislation.gov.uk/ukpga/1984/29/contents
- Environmental Information Regulations 2004 http://www.legislation.gov.uk/uksi/2004/3391/contents/made
- Land Charges Act 1975 (LLC) http://www.legislation.gov.uk/ukpga/1975/76/contents
- Public Health Act 1925 (street naming) http://www.legislation.gov.uk/ukpga/Geo5/15-16/71/contents
- Town Improvement Act 1847 http://www.legislation.gov.uk/ukpga/Vict/10-11/34/contents
Other useful Links
- Information Commission Officer https://ico.org.uk/for-the-public/
- The Data Protection (Charges and Information) Regulations 2018 http://www.legislation.gov.uk/uksi/2018/480/contents/made
- How do we treat documents?
- I have made a comment on a planning application but I want my details hidden
- I want my comment removed completely
- What information do you keep about me?
- How long do you keep my information?
- What is my information used for and who else can see it?
- My comment has been used elsewhere – what can I do about it!
- Can I submit photographs with my comment?
- Someone has made an unfair comment on my application – what should I do?
- I can’t see documents that used to be there!
- I want to see a copy of a document that isn’t on the internet
- Your website says that a document is unavailable – why?
- What can I use the documents for?
- Pre-application Advice Information
- Building Control Information
- I want to make a complaint – who do I contact?
We aim to have all the documents we receive in electronic format as quickly as possible.
The way in which we deal with documents depends on how we receive them. You can submit applications via the National Planning Portal at www.planningportal.co.uk and make comments on planning applications electronically over the internet on this website. These documents are stored in our back office systems ‘back office system’ and may be used to produce physical paper files. Where documents contain personal sensitive data such as emails addresses, telephone numbers, signatures or any other information that can identify you, these are redacted from view before publication on our website. Original versions of the document are retained electronically in our document management system and are only accessible to officers within the Council with the security level to see planning documents.
If we get paper copies of documents, these are scanned so that we can display them on our planning website and we use redaction software that allows us to blank out private information. We do not keep paper copies once an application has been decided, except for Major applications or older applications that have yet to be converted to electronic format.
Once an application is decided, documents are retained in our back office system. If a planning application is directly related to a previous application, for example it is a re-submission of an expired permission or relates to a condition imposed on a previously granted permission, relevant documents from the original application may be copied over to the new one.
If you comment on a planning application, then your name and address will not be publicly available. However your details may be referred to at public meetings or if there is an appeal lodged by the applicant.
You don’t have to give us your address details. Comments made with no contact details at all do not have to be considered by the Planning Officer, but as a rule we will consider comments as long as they are relevant in terms of planning legislation. We will not be able to send you information about an application’s progress if you don’t give us any contact details.
If you change your mind about the comment you have sent us and want it removing completely, you should contact the planning office using the same email address you used to submit your comment. If your comment was in writing, you should send us a written request. This is to stop people asking us to remove your comments without your permission. The removed comment is withdrawn from the planning application and is not taken into consideration
If you have submitted a planning application, or a comment on an application, we will have saved your name and any contact details you have given us in our ‘back office’ system. We do this so that we can notify you of the outcome of the application, of any public meetings about the application or if an appeal is lodged against the outcome of an application. Your name and address will also be on any electronic copies of your comments that we keep in our document management system.
The registers containing Planning and Building Control information do not have an expiry date, and because of this we will always have any details you have supplied to us stored electronically. Unless you are the applicant, these details will only be available to people inside the Council once an application is decided. An applicant’s name and address is part of the public register for an application.
As far as the Planning Service is concerned, your personal details help us to keep you informed about a planning application. We may also ask other departments and official bodies for their opinions and, as they have access to the same back office systems that we use, they will also have access to your information. These departments are subject to the same rules about data privacy is we are, and have the same obligation to keep personal information private.
If an applicant appeals against a decision, the Planning Inspectorate will ask for copies of all the documents we hold (including public comments) to make sure we have dealt with an application fairly.
There are other parts of the Council (and also national government) that are interested in planning information because it helps them decide where resources are to be used, e.g. for school places and refuse collection, or because it tells them about trends in application types and locations. We send these departments statistical summaries of planning information, but not personal details.
As your comment is publicly available, it is possible for other people to use them for other purposes. For example, there have been occasions where local newspapers have used public comments in articles about controversial planning applications. The Council cannot be held responsible for the uses other agencies make of your comment. If you believe your comment has been used unfairly by anyone outside the Council, you would need to discuss it with them.
Photographs can be very useful in illustrating a point to a planning officer, but there is a need to protect the privacy of an applicant or any other individuals that may be in the photographs. We will display them as long as they are relevant to the point being made, but we may decide to hide them from public view if we feel there are potential privacy concerns. Some elements of a photograph submitted and published online as part of a planning application or comment may be redacted to compile with GDPR, for example vehicle registration numbers. Even if photographs are hidden by us, they will still be available to the planning officer.
If you intend to take photographs to use in your planning comment, you should consider people’s privacy and be respectful of their property.
Comments on planning applications should be restricted to matters relating to planning law and opinions relating to the planning proposals. Personal comments about applicants are not acceptable, as are comments that are offensive, malicious or make unfounded allegations. We aim to remove any comments that are not acceptable as soon as they are identified, but if you see any that you consider unacceptable please contact the planning case officer to discuss this matter further.
We would not normally notify anyone who has had their comment removed. If you think your comment has been removed unfairly, please contact us by email at email@example.com
Corby Borough Council cannot take responsibility for comments made by members of the public and may report abuses of the online planning system to the Police.
There are a few possible reasons for this.
Firstly, we may have changed the name of the document you are looking for in order to make it more obvious what the document contains, or because we have had to split the document into smaller parts to make it easier to download.
Secondly, we may have removed a document that belongs to another application and was placed there in error, or has had a technical problem.
Finally, there is compliance with the GDPR. When a planning application is decided we follow the advice of the Information Commissioner’s Office and remove some categories of documents from our website. We do this to ensure that we not breach the GDPR, and this is the most likely reason that you can’t find a particular document.
We do not delete electronic documents submitted by the applicant or contributors unless asked to, as the electronic copy is usually our only copy.
The FOIA recommend a policy of ‘disclosure’. In other words if you wish to see a document then you should be able to, as long as giving that information does not break any of the rules in the GDPR.
If you wish to see a copy of a document that is no longer available on the internet, you should email the planning office at firstname.lastname@example.org
Please provide us with as much information as possible about your requirements and include the planning reference number, if possible.
In most cases we will be able to supply a copy, and our preferred method is to provide it in electronic format by email. There may be an administrative charge to supply you with documents that are not on the planning website, you will be advised of any potential charges before you confirm your wish for us to proceed with your request. If you prefer to have a paper copy then this can be arranged, but there will be an additional charge to cover our printing and postage costs.
We will not be able to supply any documents containing sensitive or confidential information. This might include documents containing email addresses and telephone numbers, locations of rare species of wildlife or information that an applicant has told us is commercially sensitive. Any documents we do supply will have personal details hidden.
This is not a data protection issue. Some of our documents, particularly older ones, can be prone to a technical problem that prevents them displaying properly. If you wish to see a document but get an error message, please let us know by phoning the planning officer within office hours (Monday to Friday 9am to 5pm) on 0300 330 7000 or email us at email@example.com and we will do our best to remedy the situation as quickly as possible. There will be no charge for any documents we provide in electronic format as a result of a technical issue.
Documents submitted as part of a planning application may be subject to copyright and copyright law, even if they have been available on the internet. You should only use planning application documents for research purposes related to that application. Our supplying you with documents does not constitute permission for you to breach any copyrights that may exist on them. In some circumstances we may contact the copyright owner for clarification before issuing a document to you.
Large scale projects may involve an informal, voluntary process offering advice and support to applicants before they submit a formal application. As a result of that process they may submit documents to us for evaluation and discussion. As these discussions are not part of the formal planning process and may be considered confidential by the applicant, we do not normally make information about these applications or their documents publicly available.
Following recent guidance from the Information Commissions Office (ICO), if a customer who has received pre-application advice later submits a full planning application at the same address for the same proposal, the pre-application advice will then be made public as part of the full planning application documents.
For small scale or householder applications, our ‘Duty Officer’ service offers informal advice to potential applicants. This can be accessed by calling 01536 464158 within officer hours (Monday to Friday 9am to 5pm), visiting our One-Stop Shop at our Council office or by emailing firstname.lastname@example.org
Building Control/Regulation applications are dealt with under separate legislation, but are still subject to the same FOI & GDPR laws. The service deal with a number of areas of work, including enforcement complaints, notices, demolitions, reports, requests for advise as well as dealing with applications and inspections. There is no legal requirement to display information about Building Control applications on the internet. Corby Borough Council does not publish any Building Control application data or documents online.
Applicant details may be shared with central government bodies if requested, for example Department of Communities & Local Government (DCLG) or Local Authority Building Control (LABC) to ensure public safety matters are responded to without delay.
If you believe there is information about a particular project to which you are entitled under the FOIA, you should submit the appropriate request to us for consideration.
We display limited information about Planning Enforcements on the Councils website, but only when a formal Enforcement Notice has been issued.
If you make a complaint for our Enforcement Team to investigate, your personal details will be held within our ‘back-office’ system to enable our officers to keep you informed of the progress of any investigations. It is not used for any other purpose and is only accessible to officers within the service. Your personal details are confidential and will not be shared with anyone outside of the Council.
We do not accept anonymous planning or building control enforcement complaints.
To make a complaint please email email@example.com or call 01536 464158, during office hours (Monday to Friday 9am to 5pm), and select the option for the planning department.
We do our best to comply with all the relevant legislation concerning the treatment of your personal information. If you think we’ve got something wrong, please contact us by email at firstname.lastname@example.org or phoning 01536 464158 or by visiting us at our Corby offices in Corby Town Centre, and we will be happy to investigate your complaint.
Corby Borough Council also has a formal complaints system, and if you prefer you can use this. Details of this can be found on the Corby Borough Council website using ths link