Privacy notices - Planning applications, consents and notice of review

This privacy notices relates to all planning applications, listed building and conservation area consents, advertisement consents, planning-related certificates and notices of reviews.
The Council is responsible for the receipt and determination of Planning Applications other Consents and Certificates and Notices of Review. This authority comes from the Town and Country Planning (Scotland) Act 1997 as amended by the Planning etc. (Scotland) Act 2006 and the Planning (Listed Buildings and Conservations Areas) (Scotland) Act 1997.  The Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013 sets out the information that will need to be provided in order to determine an application.
The Council also receives notification of Appeals to be determined by the Planning and Environmental Appeals Division (DPEA) of the Scottish Government.
The Council also receive and determine applications for Local and Major Pre-application Advice, Householder and Permitted Development Enquiries which require the collection of personal details such as applicant/owner, name and address and the address of the proposed development and contact details.

A location plan is also required detailing the application site and adjacent land, which contributes to the process of identifying and subsequent notification of neighbours.  The personal details of Neighbours are also collated and recorded in the Council’s case management and document management system as part of this statutory process.
Publishing Planning Applications Online (Public Access and Weekly Lists)
Once an application is deemed valid, it is published on the Council’s Weekly Lists of Planning Applications via The Highland Council website.  The weekly lists include a description of the proposed development, the location of the proposed development together with name and address of the applicant.  Some information associated with applications also appears on the Council’s Public Access Site.  This information remains available for public view up and until the application is determined.  Once an application has been determined, the only documentation that remains available for public view are Plans and drawings, Decision Notice, Environmental Statement, Report of Handling, Appeal and Review documents, any Non-material Variation plans and decision and Discharge of Conditions.

Whether made in paper or via the ePlanning.scot Portal, planning applications will also be made available to view online for public view and comment throughout the determination process, which is generally two months for Local applications or up to four months for Major developments.  In order to view and/or comment on applications under consideration via our Public Access site, personal details such as name and email address must be provided.  The details are stored in the case and document management systems and made public but personal data, including personal email addresses, personal telephone numbers and signatures, are redacted from public view on the site.

Every planning authority is required to keep a register of applications for planning permission under section 36(1) of Town and Country Planning (Scotland) Act 1997 (registers of applications etc.). Schedule 2 of the Act, specifies that this register is to be kept in two parts.  Part I includes those applications not finally disposed of and Part II, those applications determined by the Council.
Part I includes holding personal details as follows:
(a) a description of the development to which the application relates;
(b) the name of the applicant and the address at which the applicant 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;
(c) 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;.
Part II of the register of applications for planning permission also contains personal information such as the applicant’s name and address and includes a copy of the decision notices, copy of plans considered by the planning authority in determining the application and the Report of Handling which remains online and publically available post decision.

If you do not provide the necessary personal information, we will be unable to process your application and take payment for it.

Public Task – We require to process personal data to perform a specific task in the public interest that is set out in the Town and Country Planning Act (Scotland) Act 2006 and The Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013.
Legal Obligation - Article 6(1)(c) provides a lawful basis for processing where processing is necessary for compliance with a legal obligation to which the controller is subject.

In accordance with section 25 of the The Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013 the Planning Authority may be required to consult with both internal consultees such as Access & Long Distance Routes, Archaeology, Built Heritage, Forestry Teams and also third parties including statutory consultees such SEPA, SNH and Scottish Water, Historic Environment Scotland. Consulting these parties involves passing on all details, including personal details, of your application. 

 

This information is not published by these consultees but may be held on their records.  Section 20 requires, Planning Authorities to publish the details of your application in the local press, this will include the applicant’s name, address of the development and description of the proposal.

Under The Act, the Planning Register (where personal details such as Applicant/Owner details are held) must remain available for public inspection.

The Planning Register (where personal details such as Applicant/Owner details are held) must remain available for public inspection permanently.
We retain case files (outwith what is required in the Planning Register) for ten years after the decision has been made.
Permitted Development Enquiries and Pre-application Advice are kept for five years after a decision.

Your personal information is not subject to automated decision making or profiling.