Privacy Statement for Representations
Who will control my data?
Comhairle nan Eilean Siar are registered as a data controller with the Information Commissioner’s Office (registration number Z7313689) and have published a Privacy, Personal Data and Website Security notice.
There is something I don’t understand
If you need help in understanding any of the information below please contact the Planning Service by email at firstname.lastname@example.org or on telephone number 01851 822690 or 01870 604990.
Why we are processing your information
All representations received in respect of applications made to Comhairle nan Eilean Siar as Planning Authority will be processed in accordance with the provisions of the Town and Country Planning (Scotland) Act 1997, Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 or the Planning (Hazardous Substances) (Scotland) Act 1997 (as amended) and their related regulations.
What will your information be used for?
Your information will be used by Comhairle nan Eilean Siar, acting in its capacity as a Planning Authority, in the process of determining the relevant application or notification for Planning Permission, Listed Building consent or Hazardous Substances Consent.
On-line Planning Portal (Opens in a new window or downloads a file) – Each application is assigned a reference number and is hosted for public viewing on the Comhairle nan Eilean Siar - On-line planning portal.
Representations comments may be made, through the Comhairle nan Eilean Siar - On-line planning portal, during the statutory consultation period, (following registration and log-in) on the Comments/ Make a Comment tab.
Data processing - Your personal data and the content of any representation received will be held in our internal planning casework system. It will also be collated, together with all other representations received, within a document held securely on the relevant case file. Your personal data, will be used only by officers employed in the Planning Service of Comhairle nan Eilean Siar in the course of analysing and assessing representations for their planning merit. Note: while we will hold the personal details submitted with any representation within our internal planning system, your personal email address, signature and any contact numbers, will be held as sensitive and not available for public viewing. Postal addresses, may be relevant to the task of assessing an application for development (e.g. impact on neighbour amenity) and in the public interest will not be held as sensitive. Your data will only be processed for lawful purposes (see below).
Data displayed - Online Planning portal – Comments tab - Your name, the date your representation was added to the case file and whether your comments are in support, neutral or in objection to the proposal will appear on the Comments /Public comments tab. If you submit comments during the statutory consultation period by other means, these will appear on the Comments /Public comments tab on the date they were manually added to the case file. The Comments /Public comments tab allows contributors to check that their representation has been received. The Comments/Public comments tab will not display your postal address, personal email addresses, signatures, contact numbers or the details of your representation.
Data displayed - Online Planning portal – Documents tab – a document containing the details of each representation received (sensitive or inappropriate content redacted) together with part of the contributor’s address (the postcode, as a minimum) may be shared with the applicant (to allow them to consider matters raised through public contribution) and may be published on the Planning portal – Documents tab, shortly after expiry of the public consultation period (in the interests of transparency). A ‘Report on Handling’ or ‘Committee Report’ in respect of the application will contain reference to representations and at least part of your postal address (your postcode as a minimum) will be published on the Planning Portal – Documents tab.
Data displayed - Online Comhairle nan Eilean Siar Council Committees - Committee reports will be published online under the relevant committee agenda.
Your personal information could also be used to contact you for the following reasons:
- If the application is withdrawn
- If the application is revised
- When a decision is made
- If the application is being heard at a committee
Who else will we share your information with?
We will only use your information in conjunction with the processing of an application for planning permission, Listed Building Consent or Hazardous Substances consent. Planning is an open and public process and information held on a planning case file (excluding personal contact numbers, email address and signatures) can, on request, be made available for public viewing at the relevant planning office of Comhairle nan Eilean Siar.
In the event of the application being reported to a meeting of the Planning Applications Board or Comhairle nan Eilean Siar, or subject to a request for a Local Review Board hearing of a Planning Decision, aspects of your personal data, i.e. your postal address or part thereof, relevant to the making of a planning decision may be shared with the Council Committee or Local Review Board administrators.
In the event of an appeal being made by the applicant, your personal data and the content of any representation received will be shared securely with the Scottish Government, Department of Planning and Environmental Appeals, in accordance with the provisions of the relevant Act and their related regulations.
How will we look after your data?
Access to your information will only be made available to authorised members of staff who are required to process it for the purposes outlined in this privacy notice. Please note that anyone who has access to the internet can view a planning application online, even if they have not registered as a user.
Accuracy of your information
We will process the information given at the time of your application. If your information is not accurate you can let us know by email at email@example.com or by telephone on 01851 822690 or 01870 604990. Alternatively, if you registered to submit a comment online you will be able to manage your information yourself.
How long will we keep this information for?
Data submitted in conjunction with a representation made to Comhairle nan Eilean Siar as Planning Authority on or after 1 January 2021, will be deleted securely from the case file on 31 December, in the year which falls four years after the date of Decision.
Data submitted in conjunction with a representation made to Comhairle nan Eilean Siar as Planning Authority prior to 31 December 2020 will be deleted securely from the relevant case file in line with a protocol under development (as at October 2021). This Privacy Statement will be updated by 31 March 2022 in line with the adopted protocol.
Why do you need my information?
Lawfulness of processing - Article 6(1)(e) of the UK GDPR -Use for the performance of a task in the public interest
Your name, postal address or email address is required to correspond with you. Your name and postal address are required to treat your representation as a genuine public contribution to the application being determined and in turn consider the terms of your representation for its planning merit. The lawful basis for the processing of your personal data is in terms of Article 6(1)(e) (performance of a task carried out in the public interest or in the exercise of official authority). You have submitted a written representation to an application in the knowledge that we will hold and process your personal data lawfully and only for the purpose of determining the relevant application.