Planning Enforcement

The Council collect personal information about you in order to investigate alleged breaches of planning control, the enforcement of breaches of control and their prosecution and defend appeals against enforcement action.

What information do we collect?

We collect and hold applicable personal data which may include;

• Name, postal address, email address and contact phone number including mobile of those reporting alleged breaches of planning control and landowners.
• Documents submitted which are deemed relevant to the investigation including Plans, supporting documents and reports which could include evidence in the form of photographs and surveys. The name and qualifications of authors could appear on reports as well as business addresses.
• Financial information and or personal information relating to the business or personal needs associated with a development.
• Legal documents associated with a development.
• Correspondence from Landowners, Responses to Planning Contravention notices and results of land registry searches etc.
• Sometimes information is provided by a third party such as a developer, an architect, quantity surveyor, or project lead or by a third party such as an eye witness.

Why do we collect this information?

The investigation of an alleged breach of planning control generally relies upon evidence supplied by third parties who are often first hand witnesses. These witnesses may hold further information of use to the investigation. We also retain contact information so we can update those who have reported alleged breaches of control on the progress or outcome of our investigation, for example where an investigation leads to a retrospective planning application or formal enforcement action and an appeal. In such circumstances the person(s) reporting the breach would be consulted as an interested party.

Under what legal basis is data processed?

The legal basis for processing data is The Town and Country Planning Act 1990 along with other Legislation which may include, but is not limited to; The Planning Act 2008, The Housing & Planning Act 2016, The Planning (Listed Building and Conservation Areas) Act 1990, The Highways Act 1980, The Environmental Act 1995, The Environmental Protection Act 1990, Wildlife and Countryside Act 1981, The Countryside and Rights of Way Act 2000.  

Who will be processing your data?

All data that is held of a personal nature is processed in accordance with data protection law. For the purpose of planning services the Data controller is Bromsgrove and Redditch Council’s.

Who do we share this information with?

This information will be shared with members of staff in Development Management, other departments within the Council and neighbouring Councils in the case of cross boundary cases, for example Worcestershire Regulatory Services and Worcestershire County Council. When investigating an alleged breach of control we may share relevant information with our partner organisations.  They may include statutory bodies, utility companies, consultees, consultants other public bodies such as the Police, Courts and Tribunal Service.  In the case of appeals, data may be shared with The Planning Inspectorate, Government Agencies and other external Auditors and regulators such as the local government ombudsman.  Investigations around alleged breaches of planning control is subject to public scrutiny via the statutory register which is available on request.

There may be circumstances when we are required by law, or to safeguard public safety or where there is a risk of harm or emergency situation in which we may have to share data without your consent. All information sharing will only use the minimum of information and will take place with the appropriate individuals only. This information will not be shared/sold to any other service/organisation unless we have a duty to do so under law.

Where cost recovery is sought and a fee is charged, this will be processed by the Finance Department.  If costs exceeded £500, the invoice number and supplier name /ID would appear on the Councils website here. If you object to having your data published in this way please contact information.manage@bromsgroveandredditch.gov.uk  for further information.

How do we keep data?

Allegations of breaches of Planning Control are largely stored electronically. Historical enforcement information is retained in paper or in Microfiche form.

The identity and personal information of those making such allegations is not available to view publicly via the Council’s website using Public Access or in hard copy. These records are confidential and not open to public scrutiny.

This includes any allegations from members of the public, Councillors, Parish Council’s or other organisations.

In the case of appeals against enforcement notices appeal submission documents are generally in the public domain.

Information will be held securely and when destroyed will be done so under confidential conditions.

How long will we keep this information for?

The data will be kept indefinitely.  Where a fee is charged, this will be retained for 6 years plus under the Limitations Act 1980.

Things that won’t happen

There will be no automated decisions made using your data.