Due to our pandemic response requirements, customers are advised that there may be delays in handling requests for information made under the Freedom of Information (FOI) Act, Environmental Information Regulations (EIR) or the General Data Protection Regulation (GDPR) for subject access requests. We apologise for any inconvenience this may cause.

We have had to change the way that some of our services operate to meet the guidelines set out by the government in response to the Coronavirus pandemic.

This privacy notice sets out how we process your personal information within Planning for Planning Permission and Exemption activities:

What information do we need?

We need to hold certain information about its customers and services users in order to effectively provide the services we have to deliver. For the purposes of determining planning applications we need to hold information such as your contact details including your name and address. If you are requesting an exemption from planning fees, you will also need to provide some health data.

Why we need it?

We need to know this information about you in order to facilitate the processing of planning applications and determining outcomes. Therefore we will hold your personal information to ensure we comply with the requirements of the Town and Country Planning Act 1990 and the Town and Country Planning (General Permitted Development) (England) Order 2015.

Our lawful basis for holding your personal data is “for performance of a task carried out in public interest and official authority”.

Out lawful basis for holding your special category data is “explicit consent”

We are the ‘data controller’ in relation to this data.

Do we share your information?

We do not trade personal data for any commercial purpose, Data is shared with Torbay Council’s Building Control and Land Charges departments to maintain accurate and up to date land and property records both current and historic. Data may also be shared with other departments such as Highways for advice on highways matters, Natural Environment Services department for the purposes of determining whether there are issues relating to trees and Community Protection where issues may arise relating to neighbourhood issues. We will also share your information with external organisations such as the Environment Agency for advice on drainage matters and the Planning Inspectorate for the purposes of appeals.

Outside of the above we will only disclose your personal information if we have a lawful basis to do so, for example for the prevention and detection of crime, or if we have your consent.

How long do we keep your information?

For the purposes of determining planning applications we are required to hold application forms, decision notices and other documents such as plans (where retained) indefinitely, this information may contain your personal information.