Privacy Notices - S106 Planning Obligations and Community Infrastructure Levy CIL Privacy Notice

You need to be aware of this Privacy Notice if:

• you are an applicant that has submitted an application of any kind to the Local Planning Authority either yourself or via a planning agent/third party
• you are an owner of land directly affected by development (including neighbours whose land is directly affected by proposed development)
• you are a prospective purchaser of land that currently benefits from consent to develop on it
• it is your intention to undertake development and that development works/proposal whether it formally requires planning permission or not and relevant land, is either already bound by a signed s106 Deed of planning obligation of any kind, or the need to enter into a s106 planning deed of obligation under the Town & Country Planning Act 1990 (as amended) and/or existing or proposed works/development constitute Community Infrastructure Levy (CIL) liable development as set out under the Planning Act 2008 (as amended) and the Community Infrastructure Levy (England and Wales) CIL Regulations 2010 (as amended)

A Privacy Notice is a statement issued by an organisation such as the Council which explains how personal and confidential data about individuals is collected, used and shared.

Swindon Borough Council will act as a “Data Controller” for any personal data that you provide to us. We will ensure that the data given to us is processed in line with our Data Protection Act 2018 /and the UK General Data Protection Regulations. (GDPR).

 To find out more about Swindon Borough Council’s data protection policies please contact our Data Protection Officer. dataprotection@swindon.gov.uk or in writing to Data Protection Officer, Civic Offices, Euclid Street, Swindon, Wiltshire, SN1 2JH.

Please note that not providing your personal data may lead to the Council being unable to deliver or complete its Statutory functions in respect of its function as the Local Planning Authority and CIL Charging and Collecting Authority for its administrative area.

All processing will take place in accordance with the Council’s Corporate Security Policy. The in putting of personal information will take place by the Council as data controller, however the relevant software providers as the data processors have access to their software for processing, regular maintenance and update purposes.  Each relevant Processor will operate in accordance with its own Data Protection policy where applicable.

Personal data relates to a living individual who can be identified from that data. Identification can be by the information alone or in conjunction with any other information in the data controller’s possession or likely to come into such possession. The processing of data is governed by the Data Protection Act 2018/UK GDPR.

We collect a variety of personal data about you associated with operating its statutory functions as Local Planning Authority for planning purposes and more specifically S106 planning obligations and as CIL Charging and Collecting Authority for CIL purposes.  

This includes:

For S106 purposes this includes but may not be limited to:

• full name (including middle names), residing address, email address and telephone number and signature
• bank account details account name, account no. sort code, etc
• changes of address over time
• postal address if different to residing address
• Director/Secretary address if associated with a private address for example, Sole Traders/Partnership 
• Land Registry Title Deeds documents containing names and addresses (either provided direct or obtained from the Land Registry)
• TR1 or TP1 Land Registry Documents containing names and addresses

For CIL Purposes this includes but may not be limited to:

• full name (including middle names), residing address, email address and telephone number and signature
• bank account details (account name, sort code, account no. organisations with which account is held)
• changes of address over time
• postal address if different to residing address
• Director/Secretary address if associated with a private address for example, Sole Traders/Partnership 
• Council Tax Bill or Certificate and/or Business Rates Bill or Certificates
• bank statements
• utilities bills
• electoral roll registration 
• building control related completion certificates
• self-build or custom build warranty information
• proof of a self-build or custom build mortgage from a bank or building society 
• self-build VAT exemption claim decisions from HMRC
• Land Registry Title Deeds documents (either provided direct or obtained from the Land Registry)
• TR1 or TP1 Land Registry Documents
• tenancy agreements 

This information is provided and collected in a number of ways:

• Directly from by you via email or postal correspondence either in advance or following a request for information to be supplied
• By a planning agent or solicitor or other third party acting on your behalf or who has identified that someone else (not their client) has a material interest in the relevant land in the form of either a landowner and/or someone with a leasehold interest with more than 7 years left to run on the lease from a relevant fixed point in time)
• As a current or previous tenant of a premises
• Via the submission of completed planning application forms, Land Registry Title Deeds, other formal Government and local authority created forms completed and submitted by you or on your behalf
• Information extracted from Companies House
• Submitted on formal Government Forms that need to be downloaded from the Planning Portal CIL pages completed and submitted associated with CIL and assumption of liability to pay CIL, CIL Commencement Notices, claims for Exemption from payment of CIL including under Self-Build Residential Extension and Annex exemption, Self-Build Exemption Part 1 and Part 2 Claims

These methods all help support the Council in delivering its statutory function as Local Planning Authority and CIL Charging and Collecting Authority.

We comply with our obligations under the UK GDPR by keeping personal data up to date; by storing and destroying it securely; by not collecting or retaining excessive amounts of data; by protecting personal data from loss, misuse, unauthorised access and disclosure and by ensuring that appropriate technical measures are in place to protect personal data.

Your personal data can be received, electronically by email, as attachments to emails contained in PDF or Word documents or as photographic attachments, and in paper form hand delivered or by post. Where data is supplied in paper form, that information is scanned and stored and the original copies disposed of securely at the earliest opportunity, if it is legally compliant to do so.

Where original paper copies of legal documents need to be held in perpetuity they are securely stored.

Where document containing personal data are to be made a matter of public record, relevant personal data will be redacted. Original versions will not be publicly available but will also be stored.

We need to use some information about you under public task to deliver the relevant statutory functions associated with S106 Planning Obligations and Community Infrastructure Levy matters to:

• process and issue statutory notices and documents and non-statutory relevant documents
• seek legal advice and take forward legal proceedings in relation to s106 and CIL matters where necessary
• check with other departments such as Planning Development Management / Planning Policy / Council Tax, Street naming and numbering (Gazetteers) and Building Control, Environmental Health, Residential Services matters such as ownership / registration /occupation for cross-reference / verification purposes
• set you up as a supplier in the Council’s finance system Oracle associated with raising demands and receipting payments and all other administrative matters for s106 and / or CIL payments
• process repayments/refunds where necessary

We must always ensure that processing your data is generally lawful, fair and transparent and complies with all the other principles and requirements of the Data Protection ACT 2018/UK GDPR.

There are a number of legal, legitimate or lawful reasons why we need to collect and use your personal information. For S106 & CIL purposes this is because it is necessary to perform our statutory duties under a public task.

In accordance with article 6 of the UK GDPR, data processing is necessary for compliance with a legal obligation and is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the data controller

By your information being supplied, the Council has consent to use your personal information, however you have the right to request its removal at any time in the event there is a legitimate reason to do so and it can lawfully be removed and matters pertaining to the purpose of its supply are fully concluded.

For S106 and CIL purposes this may mean that some of your personal information such as name and address is shared with other third parties who are legally required to receive copies of documents, for example;

• Multiple signatories on s106 Deeds
• Where there are multiple landowners/applicants receiving CIL Liability Notices and Demand Notices or other relevant CIL documents issued or served by the Council as CIL Charging Authority

For those relevant parties it is not possible to redact the information that needs to be contained within those documents.

Article 9: Special Category Data – won’t be collected for the purposes of managing these statutory function.

We have completed a Privacy Impact Assessment (PIA) before we share personal information to make sure we protect your privacy and comply with the law.

Internally within the organisation your information may be shared with:

• Legal Services
• Building Control
• Housing (Affordable Housing)
• Education
• Land Charges
• Street Naming and Numbering
• Planning Policy
• Planning Development Management
• Local Highway Authority
• Council Tax
• Finance
• Any other internal department that may be a beneficiary of a s106 obligation or be responsible for the financial management or processing

Externally with:

• Planning Inspectorate and Inspector for Planning Appeals
• Planning Inspectorate and Valuation office Agency for CIL Appeals (as applicable)
• Planning Agents, Solicitors, estate agents, or anyone you have instructed to act on your behalf associated with planning matters that involve S106 or CIL matters
• Property owners that are involved in land conveyance matters where s106 or CIL may be relevant
• External legal support
• Court related proceedings including any debt recovery agencies

We use a range of organisations to either store personal information or help deliver our services to you. Where we have these arrangements there is always an agreement in place to make sure that the organisation complies with data protection law.

We will do what we can to make sure we hold records about you (electronically) in a secure way, and we will only make them available to those who have a right to see them.

We will maintain the reliability, accuracy, completeness and currency of personal data in our databases and to protect the privacy and security of our databases. We keep your personal data only for as long as reasonably necessary for the purposes for which it was collected.

Our servers and databases are protected by industry standard security technology.

Examples of our security include: 

• encryption, meaning that information is hidden so that it cannot be read without special knowledge (such as a password). This is done with a secret code, or what is called a 'cypher'. The hidden information is said to then be 'encrypted'.
• controlling access to systems and networks to stop people who are not allowed to view your personal information from getting access to it
• training of staff regularly on how to handle information and when to report if something goes wrong
• redaction of personal information such as email addresses, telephone numbers, signatures in documents that are to be made a matter of public record associated with s106/CIL documentation for example, s106 obligation Deeds (legal requirement to be published on Part 1 of Planning Register), CIL liability Notices, CIL Demand Notices other CIL documents
• anonymising individual names signed into s106 Deeds when listing those Deeds on the Register of Local Land Charges
• only relevant documentation made a matter of public record via the Planning Portal electronic version of Part 1 of the Planning Register via the Council’s website
• all supporting correspondence and document stored in limited access areas

The length of time we hold your person information will be dependent on the legislative and regulatory requirements that determine this. These are often set out in legislation or by Statutory Instrument at a regulatory level. 

The relevant legislation includes:

• Town & Country Planning Act 1990 (as amended)
• The Planning Act 2008 Part 11: Community Infrastructure Levy
• The Community Infrastructure Levy (England and Wales) CIL Regulations 2010 (as amended)
• Local Government Finance Act 1972 (as amended)
• Local Land Charges Act 1965 (as amended) 
• Environmental Information Regulations 2004  
• Environment Act 2021
• Habitats Regulations 

With respect to financial data we will keep your personal data for six years + the current financial year, unless other regulatory controls require this to be retained for longer.

The timescales will differ depending of the relevant time limits in each case and personal data will be retained as long as is necessary and in accordance with our retention schedule (all planning matters).
 

Under data protection law, you have rights including:

• your right of access - you have the right to ask us for copies of your personal information
• your right to rectification - You have the right to ask us to rectify personal information you think is inaccurate. You also have the right to ask us to complete information you think is incomplete.
• your right to erasure - you have the right to ask us to erase your personal information in certain circumstances
• your right to restriction of processing - you have the right to ask us to restrict the processing of your personal information in certain circumstances
• your right to object to processing - you have the right to object to the processing of your personal information in certain circumstances
• your right to data portability - you have the right to ask that we transfer the personal information you gave us to another organisation, or to you, in certain circumstances

It is your responsibility to ensure that personal data held about you is kept up-to date e.g. If you own land but move house so your contact address changes, your email or telephone number changes, or you sell land previously owned to other persons (company or private individual(s)), an owner of land passes away, you should inform the Local Planning Authority and/or CIL Charging Authority Planning Obligations officer (S106 and/or CIL) of those changes with immediate effect (accompanied by relevant documentation as proof where necessary). This will allow for an assessment as to how information and legal documents may need to be updated and an assessment

You can ask for access to the information we hold on you. However, you also have the right to ask for a copy of all the information we have about you and the services you receive from us in relation to this Privacy Notice. When we receive a request from you in writing, we must give you access to everything we have recorded about you, however, we cannot let you see any parts of your records that contain:  

• confidential information about other people
• data a professional thinks will cause serious harm to you or someone else’s physical or mental wellbeing; or
• if we think that giving you the information may stop us from preventing or detecting a crime

This applies to personal information that is in both paper and electronic records. If you ask us, we will also let others see your record (except if one of the points above applies). If you cannot ask for your records in writing, we will make sure there are other ways that you can.

If you have any queries about access to your information contact DataProtection@Swindon.gov.uk.

The main Framework for access information held about you is via a Subject access request. 
 

In the event that you wish to complain about the way that your personal data has been handled by Swindon Borough Council, you should write to our Data Protection Officer and clearly outline your case. Your complaint will then be investigated in accordance with our customer complaint and data protection incident procedures.

Data Protection Office

You can contact our Data Protection officer by email:

DataProtection@swindon.gov.uk

If you remain dissatisfied with the way your personal data has been handled, you have the right to complain to the Information Commissioner’s Office at www.ICO.org.uk.

You may refer the matter to the Information Commissioner’s Office whose contact details are below:
Information Commissioner’s Office

Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF

Email: casework@ico.org.uk

The ICO website also contains information on data protection and your rights and remedies.
 

If you do not provide personal data the statutory function of S106 obligations and CIL may not be capable of being progressed, and as a result you may be subject to formal legal enforcement proceedings. Opportunities may exist for your data to be obtained through other means e.g. Land Registry.

We review our s106 & CIL data regularly throughout the year to ensure that its data is up to date, and reacts to any requests to amend on receipt, compliant in accordance with current data protection legislation.

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