Last Updated: 12 December 2023
This privacy notice tells you what to expect when South Lakeland District Council (SLDC) collects personal information in relation to your use of SLDC’s Development Strategy services.
Purpose of processing and legal basis for processing your personal information
The purposes for which the data will be used are:
- to maintain an up to date consultation data base so that we can ensure we are consulting those we are required to by law as listed in the relevant regulations, and anyone who has given their consent to us holding their data to enable us to keep them personally informed of consultations run by the Development Strategy team. You can unsubscribe to this data base at any time
- for the formulation of Local Plans. Local Plans determine land use and planning policy for the area which then sets the context for making decisions on planning applications. The production of these is strictly regulated and we will consult on these using the information held on our database. When you submit comments to a Local Plan consultation your name and your comments will be made public. All other personal information will be held confidentially. When we consult on the ‘proposed submission’ stage of the Local Plan (i.e. the version intended to be submitted to the Planning Inspectorate for independent examination in public), and on any subsequent modifications the information you submit when making your comments will need to be shared with the Planning Inspectorate. This will include personal information - name and contact details - so that they can contact you to enable you to participate in the examination process. We will make this clear on our consultation forms for this stage of the process
- for the formulation of Supplementary Planning Documents and other planning policy documents. These documents supplement and add detail to adopted policy in the Local Plan. We will consult on these using the information held on our planning policy database. When you submit comments your name and your comments will be made public. All other personal information will be held confidentially.
For revisions to the Statement of Community Involvement. This is a statutory document which we produce to show how we will engage the community in the planning process. When we make substantive changes to this we will publicly consult, using the information held on our planning policy consultation database. When you submit comments your name and your comments will be made public. All other personal information will be held confidentially
- for fulfilling our legal duties in relation to the production of Neighbourhood Plans. Parish Councils or certain other community bodies can choose to produce these but SLDC has a legal duty to consult at certain stages of the process and will use the planning policy consultation database for this purpose. When you submit comments your name and your comments will be made public. All other personal information will be held confidentially. Your personal data will not be shared with the appointed independent examiner
- call for Sites submissions. Call for Sites forms part of the evidence base required for local plan preparation. Landowners, developers and agents are publicly invited to submit sites which they would be interested in developing to the local planning authority: details of site submissions will be not be confidential with the exception of personal data i.e. phone number, address and/or email address
- the Brownfield Land Register. We are legally required to maintain and publish a register of previously developed land. The brownfield register forms part of the evidence base required for local plan preparation. Landowners, developers and agents are publicly invited to submit sites via the Call for Sites process which they would be interested in developing to the local planning authority: details of site submissions will be not be confidential with the exception of personal data i.e. phone number, address and/or email address
- the Self Build and Custom Build register. This is a record of people wishing to build their own dwelling within the district. In requesting to be added to the database, personal information is required which is set out in the Self-build and Custom Housebuilding (Register) Regulations 2016 which also sets out the process for removal from the register. Your personal information will not be published but data may need to be shared with other departments in helping us fulfil our duty in delivering sufficient plots
- conservation Area Appraisals and Management Plans. It is our duty as the Local Planning Authority to formulate and publish proposals for the preservation and enhancement of the conservation areas and for their management. When we are required to consult on these we will use the information held in the planning policy consultation database. When you submit comments your name and your comments will be made public. All other personal information will be held confidentially
- community Infrastructure Levy Charging Schedule. This is a schedule of charges levied on certain types of development. When we review this we will be required to consult and will use the information held in the planning policy consultation database.
When you submit comments your name and your comments will be made public. All other personal information will be held confidentially.
The relevant legislation which say that we can carry out these functions and it is in the public interest are:
- The Town and Country Planning Act 1990
- Planning and Compulsory Purchase Act 2004
- Planning Act 2008
- Localism Act 2011
- Self-Build and Custom Housebuilding Act 2015
- Housing and Planning Act 2016
- Neighbourhood Planning Act 2017
- Planning (Listed Buildings and Conservation Areas) Act 1990
- all associated Regulations
Who we share your information with
We are required by the Town and Country Planning (Local Planning)(England) Regulations 2012 to hold and use some of your information for submission to the Planning Inspectorate in relation to the examination of a Local Plan, where this information has been submitted to us in accordance with Regulation 19 of the aforementioned Regulations (i.e. your consultation responses when we formally consult on the ‘Proposed Submission’ version of the plan).
We may also share your personal information when we feel there’s a good reason that’s more important than protecting your privacy. As an example, we may share your information in order to find and stop crime and fraud.
Those that we share your information with are:
- other SLDC services
- bodies working to prevent fraud and supporting national fraud initiatives
Retention period of criteria used to determine the retention period
We will retain your personal information in accordance with the retention periods contained in the Council’s Records Retention Schedule and Record of Processing Activity (RoPA).
The sources the personal data originates from and whether it came from publicly accessible sources
Personal information originates mainly from the customer but can be provided by other sources on an individual basis.
Whether the provision of personal data is part of a statutory or contractual requirement or obligation and possible consequences of failing to provide the personal data
We have a statutory duty to provide these services to you and you are therefore expressly consenting to our use and disclosure of your personal information in the manner described in this privacy notice therefore the consequences of you failing to provide your personal information is that we can no longer comply with our statutory duty.
The existence of automated decision making, including profiling and information about how decisions are made, the significance and the consequences
Where this occurs we ensure through monitoring against SLDC’s policies and procedures that the correct decision and outcome is verified.
Changes to this privacy notice
We keep our privacy notice under regular review. This privacy notice was last updated May 2018.
The data controller and their contact details
We are the data controller, and if you have any concerns about how your personal data is handled you can contact us by:
We processes large amounts of personal, special category personal or criminal/law enforcement data, referred to in legislation as a data controller. We are registered with with the Information Commissioner’s Office (ICO).
If you have concerns about the way the council has processed your data, please contact us:
- Westmorland and Furness Council, South Lakeland House, Lowther Street, Kendal, Cumbria, LA9 4DQ
If you are not satisfied with our response or believe we are not processing your personal data in accordance with the law you can complain to the Information Commissioner's Office (ICO).
Your rights about your data
You have the right to request access to information about you that we hold. To make a request for your personal information, contact our Data Protection Officer, whose details are above.
You also have the right to:
- object to processing of personal data that is likely to cause, or is causing, damage or distress
- prevent processing for the purpose of direct marketing
- object to decisions being taken by automated means
- in certain circumstances, have inaccurate personal data rectified, blocked, erased or destroyed; and
- claim compensation for damages caused by a breach of the Data Protection regulations.
If you have a concern about the way we are collecting or using your personal data, we request that you raise your concern with us in the first instance. Alternatively, you can contact the Information Commissioner’s Office.