Privacy Notice - Strategic Planning

Please read the following Privacy Notice carefully.

Why we are collecting your data

Basildon Borough Council needs to collect your personal data to enable you to participate in public consultations on the Development Plan (Local Plan, Joint Strategic Plan and Neighbourhood Plans), Supplementary Planning Documents, Community Infrastructure Levy and planning guidance.

Information Collected

• Name
• Contact address
• Telephone number
• Email address
• Signature.

Your data will be used to contact you regarding your comments on the Development Plan, Supplementary Planning Documents, Guidance and Community Infrastructure Levy consultations.

If you have indicated that you wish to be kept informed of the progress of the Development Plans, Supplementary Planning Documents, Planning Guidance or Community Infrastructure Levy your contact details will be used for this purpose.

Please note: Development Plans & Community Infrastructure Levy - all comments will be made public and will be submitted to the Secretary of State who will pass them to a Planning Inspector he appoints along with the Development Plan and other relevant supporting evidence following this consultation. Your comments and name will be published but other personal information will remain confidential.

At the end of the consultation period your comments will be reviewed by the independent Planning Inspector appointed by the Secretary of State to carry out the Examination in Public. You may be invited by the Inspector to discuss your comments at the Examination in Public.

The following information is requested to ensure that the consultation is accessible to all and is representative of the local community. You do not have to provide this information but if you do, we will not publish it with your consultation response:

• Details of any accessibility requirement
• Year of birth
• Sex and gender identity
• Sexual orientation
• Racial and ethnicity data.

The data is collected through:

• Commonplace platform Online Consultation Platform
• Hard copy form
• Letters and emails

The basis for the processing

• Legal obligation: the processing is necessary for us to comply with the law (not including contractual obligations).

We are legally required to process this data by the Planning & Compulsory Purchase Act 2004 and Planning Act 2008, supported by the National Planning Policy Framework (NPPF) and Planning Practice Guidance (PPG). The relevant Regulations are the Town and Country Planning Act (Local Planning) (England) Regulations 2012 and the Community Infrastructure Levy Regulations 2010.

• Explicit Consent

The information on your age, sex and gender identity, sexual orientation, ethnic origin and details of any accessibility requirement will help us to monitor the diversity of people who are taking part in the consultation in order to ensure that we are reaching all sections of the community Giving this information is voluntary but if you do provide it then it enables us to ascertain if we have complied with the Equality Act 2010.

Who your information will be shared with

• Your name and town (not your address or any other contact details) will be published alongside your comments.
• COMMONPLACE DIGITAL LTD,1st Floor Cloister House, Riverside, New Bailey Street, Manchester, M3 5FS who provide IT services to Basildon Council. The relevant privacy notice can be viewed here: https://www.commonplace.is/privacy-policy
• If Commonplace would like to maintain contact with you, they will seek your permission to do so outside of this privacy notice. More information about what Commonplace do with your data can be seen in their privacy notice on the above link.
• Your comments will be reviewed by the independent Planning Inspector appointed by the Secretary of State to carry out the Examination in Public. You may be invited by the Inspector to discuss your comments at the Examination in Public and your contact details will be shared for this purpose if you have confirmed you wish to participate in the Examination in Public.
• We have arrangements with a range of IT providers who support the Council's IT systems and services, therefore your data may be accessed by these suppliers. Where we have these arrangements there is always a contractual agreement with them to ensure they comply with the Data Protection Law.

Your data will be shared with third parties to:

• Comply with legal obligations and legislative requirements
• Help business partners, suppliers and sub-contractors to deliver any contract we enter with them or you
• To help if there is need of any professional or legal advice on a matter relating to you
• To help prevent fraud and/or tackle crime
• To improve and optimise the performance of our services

We will never sell your data.
 

Providing accurate information

We need to hold accurate and up to date information about you so that we can deliver appropriate services. If any of your details change, you should update your Commonplace profile as soon as possible.

We will not:

• Use your information for marketing or sales purposes without your prior explicit consent.
• Send or store your data abroad unless it meets the requirements of the Data Protection regulations
• Make decisions about you based on automated processing.
   

How long will we hold your data for?

We will keep all records relating to your participation in the development of a new Local Plan until the adoption of the Local Plan plus 1 year and then destroyed. This is to allow sufficient time for any legal challenges to the adoption process and to allow a review process to be put in place.

Individuals can directly manage their Commonplace profile or request deletion by emailing privacy@commonplace.is.

In addition, Commonplace may close an account and delete information after an account has remained dormant for 2 years and an attempt to contact the user has been unsuccessful.

Your rights

You have the right to access the personal information we hold about you. Any access requests are free of charge. If the information we hold about you is inaccurate, you have a right to have this corrected and you have the right to request completion of incomplete data. You have the right to ask us to erase your personal data in certain circumstances ('right to be forgotten').

You have the right to ask us to stop or restrict the processing of your personal data, in certain circumstances. Where possible, we will seek to comply with your request, but we may need to hold or process information to comply with a legal requirement.

You can make any of these requests by:

• Email: Data Protection Officer (opens new window)
• Phone: 01268 533333
• Letter to:

If you have a complaint, contact the Planning Strategy and Implementation Team in the first instance. If the Planning Strategy and Implementation Team are not able to address your concern or you are not satisfied, please contact our Data Protection team using any of the contact details above.

If you are still concerned or dissatisfied about the way your concerns have been handled after contacting our Data Protection team, you can complain to the Information Commissioner's Office, by:

• Email: casework@ico.org.uk (opens new window)
• Phone: 0303 123 1113 (local rate) or 01625 545 745
• Letter to:

Further independent advice about data protection, privacy and data sharing issues is available from the Information Commissioner's Office, see:

• Information Commissioner's Office (ICO) (opens new window).