Planning

What information do we need?

Argyll and Bute Council will act as the ‘Data Controller’ for the personal data you provide to us.  The Data Protection Officer, who is responsible for ensuring personal data is managed in accordance with data protection legislation, can be contacted as follows:

Address: Iain Jackson, Governance and Risk Manager, Argyll and Bute Council, Governance and Law, Kilmory, Lochgilphead PA31 8RT. 

Email:  Iain.Jackson@argyll-bute.gov.uk   or  data.protection@argyll-bute.gov.uk  

Telephone:  01546 604188 or 01546 605522

The information we collect from you will include details such as your name, address, e-mail address, job title.  However, in some cases we may need to ask you for more personal information which is described in the legislation as Special Category Data or sensitive personal information.

Unless specifically agreed with you, we will only collect personal data about you which does not include any special categories of personal information about you (also known as ‘sensitive personal data’).

Why we need this information?

You are giving us your personal information to allow us to process applications for planning permission, conducting all related statutory and enforcement actions in relation to these applications including public consultation and comment.

We need to know this information in order to:

  • To provide you with the services we provide
  • To provide you with the services youhave requested
  • To verify your identity where required,
  • To contact you by post, email or telephone and
  • To maintain our records

If you do not provide this information then we will be unable to provide those services to you.  We will not collect any personal data from you that isn’t needed for delivery of those services.

Our legal basis for processing your information is:

  • Legal obligation – in relation to our Statutory Duties processing is necessary for compliance with a legal obligation under
    • Town and Country Planning (Scotland) Act 1997
    • Planning etc. (Scotland) Act 2006, and
    • Associated Regulations and orders
    • Public tasks – in relation to actions in the public interest under our statutory powers under these acts i.e. enforcement.
    • Consent – in relation to requests for advice you have given us your consent to process your personal data.

What we will do with your information?

In order to provide this service all planning applications will be recorded on the public registry and will be accessible via the Argyll and Bute Council public access database.

Enforcement actions will remain confidential unless the outcome of such results in decision of public interest wherein it may be added to the public record.

When you make a comment on a planning application, your comments are recorded for that application, and are made available online to the public with your name and address as supplied.  Personal phone numbers, email addresses and signatures will not be displayed.

In order to provide this service(s), we will share your information with the service categories of organisations listed below for the purposes specified

  • The Councils’ Local Review Body, which can review decisions on a planning application for certain types of development taken by officers under delegated powers
  • Other public bodies (and also receive information from these other bodies) as part of consultation in the public interest, including Scottish Water.
  • Regulatory and law enforcement bodies in compliance with legal obligations including SEPA
  • Other Council services to help us improve our services, including Building Standards, Environmental Health. 

UK or International Data Processing

All of the information we collect from you will be processed by staff in the United Kingdom.  You should be aware however that your data will be stored on servers located in within the United Kingdom; the data will not be processed outside the European Union.  We will take all reasonable steps to ensure that your data is kept securely and more information on how we do this can be provided by the Data Protection Officer if required.

How long will we keep your information?

We will usually keep your information for a minimum of 25 years, after this period it will be destroyed under secure arrangements if it is no longer required for the lawful purpose(s) for which it was obtained.  More information on our retention schedule can be provided by the Data Protection Officer if required.

Automated Decision Making

There are no Automated Decision Making systems used for any of the purposes identified above.

Your Rights

When you provide information to the Council, you will have the following rights:

  • to withdraw consent at any time, where the lawful basis specified above is consent
  • to lodge a complaint with the Information Commissioner’s Office – see below for details
  • to request access to your personal data – please contact the Data Protection Officer if you wish to submit a request.
  • to data portability, where the Legal basis specified above is i) consent or ii) performance of a contract
  • to request rectification or erasure of your personal data, as far as the legislation permits – please contact the Data Protection Officer and provide details of what data you wish to be rectified or erased.

You can find out more about your rights in relation to data protection here: www.argyll-bute.gov.uk/data-protection or from the Data Protection Officer by telephone or in writing, as detailed above.

Information Commissioner’s Office

The ICO is the UK’s independent body set up to uphold information rights. 

Information Commissioner’s Office
Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF
Telephone:  0303 123 1113  
Email:  casework@ico.org.uk

The Information Commissioner’s Office – Scotland
45 Melville Street, Edinburgh, EH3 7HL
Telephone:  0303 123 1115 
Email:  Scotland@ico.org.uk