Planning Privacy Notice

This Privacy notice applies to both planning applicants and to anyone who makes a representation in support or against a planning application.

The information you have provided (“Your Information”) will be processed by Loch Lomond & The Trossachs National Park Authority, Carrochan, Carrochan Road, Balloch, G83 8EG for the purpose of processing your planning application or submission in connection with a planning application.

You can contact the Park Authority on 01389 722600 or info@lochlomond-trossachs.org

The Park Authority’s Data Protection Officer can be contacted on the below noted details:

• Carrochan Road, Balloch, G83 8EG
• Email: info@lochlomond-trossachs.org
• Tel: 01389 722600

Planning Applicants – How will your information be used?

Your Information will be used to:

• Process your planning application
• Communicate with you in relation to the progress of your planning application
• Make details of your planning application available for public inspection via our online planning portal
• Please note that should your application form include your home address, this may be included in the information made available on our online planning portal as part of our legal requirement to publish information about planning applications. Signatures and personal e-mail and telephone details will be redacted.

Planning representations – How will your information be used?

• Record your objection or support of a live planning application
• Make the content of your representation available via our online planning portal
• Your name and address will not be included in the information made available on our online planning portal
• The names of individuals making a submission in an official capacity, such as the Chair of a Community Council, a statutory consultee or a Member of Parliament will be published with their representation

What is the legal basis for us to process your data?

The legal basis for processing your information is for the completion of a public task. In meeting the requirements of the 2018 Act and the GDPR, the National Park Authority considers that as a planning authority it is acting lawfully by placing planning information online in accordance with the following:

• The Local Government (Access to Information) Act 1985:(the 1985 Act) amended the Local Government (Scotland) Act 1973 to give the public a right to see background papers on which reports to committees are based. This right is in place for four years. Committee agendas, reports and minutes must be available for inspection for six years.
• Schedule 2 of the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2008specifically allows Planning Registers to be made available on planning authority websites.
• Scotland’s Open Government Action Plan 2018-2020 and the Freedom of Information (Scotland) Act 2002 (FOISA)encourages public authorities to be open and transparent with particular regard to be given to making available information pertinent to decisions that are made in the public interest.
• The Environmental Information (Scotland) Regulations 2004 (EIR)place requirements on planning authorities to make environmental information available on request and for certain types of environmental information to be publicly disseminated.
• The Local Government (Access to Information) Act 1985:This Act, when considered in conjunction with FOISA and EIR, confirms the principle that members of the public should have a right to access planning information. The 1985 Act defines “background papers” as those included in a list accompanying committee reports. So where a Council, for example, confirms in this list that:

“the background papers taken into account when considering planning applications on this agenda include all or some of the following items:

1. application form, certificates, plans and other supporting information submitted with the application;
2. further correspondence with the applicant, in connection with amendments to the application or any revised details and/or plans;
3. letters from statutory consultees;
4. representations from members of the public with respect to the application; and
5. statutory plans, guidance etc.”

Do I have to provide my information?

You do not have to provide your information to the National Park Authority.

Without the correct information however we may not be able to process your planning application or consider your submission in relation to the determination of a planning application.

Information relating to personal, medical and financial details of individuals may be included in documents submitted with the planning application. This information will be handled in accordance with Data Protection legislation, with particular care taken if the data is classed as sensitive personal data or special category data.

Personal data may be included in a planning consideration where someone commenting on a proposal sets out the likely impacts of any development on his or her property. For example, the weight given to concerns about potential noise from a proposed development may be directly linked to the relationship of a correspondent’s property to the application site. There is therefore justification to publish representations in the interests of transparent decision making and to aid understanding of the relevance and weight that may be attached to comments received.

Any documents not containing personal information can be published without the need to consider the implications of the Data Protection legislation.

Where personal information, particularly special category data, is considered a material planning consideration that should be included in a report of handling, The National Park Authority may include this as an Annex to the report. The report should confirm that this has been done and the Annex should be excluded from the online Planning Register.

How long will you keep my Information?

There is a statutory requirement to make planning documents available for inspection by the public for four years. If any of the documents are part of the Report of Handling (committee report/delegated report) then this period is extended to six years.

We will hold your information in accordance with the requirements of planning legislation for the retention of information on the determination of applications and in compliance with the National Park Authority’s record retention schedule. Your information will be retained for the minimum period necessary.

Who will you share my information with?

Your information will be accessed by National Park Authority staff for the purpose of determining your planning application or for taking your submission into account in the determination of a planning application.

There may be a requirement to share your information with external parties including but not limited to the Scottish Environmental Protection Agency, Forestry Land Scotland and the Roads Authority where such external organisations are required to provide specialist input in relation to your planning application or submission in relation to a planning application.

While the names and addresses of individuals commenting on a planning application will not be made publicly available, should the planning case be sent to the Planning and Environmental Appeals Division (DPEA) for an appeal, it may be necessary to share your personal data with the DPEA as part of the planning appeal process.

The National Park Authority will generally comply with requests for specific information from other regulatory and law enforcement bodies where this is necessary and appropriate.

Will you transfer my data outside the UK?

In general the National Park Authority does not transfer personal data outside the UK and on the rare occasions when it does so the National Park Authority will inform you.

The National Park Authority will only transfer data outside the UK when it is satisfied that the party which will handle the data and the country it is being processed in will provide adequate safeguards for personal privacy.

Your Rights

You have the right to:

Access Personal data held about You

You have the right to access the personal data the National Park Authority holds about you. This right is called a Subject Access Request, often referred to as a SAR.

You can receive a copy of your personal data held by the National Park Authority, details on why it is being used, who it has been/will be shared with, how long it will be held for, the source of the information and if the National Park Authority uses computer systems profiling to take decisions about you. You can submit a Subject Access Request on our website.

Rectification of Personal Data

You have the right to request that the National Park Authority corrects any personal data held about you that is inaccurate.

Erasure of Personal Data

You have the right to request that the National Park Authority deletes personal data about you. This is known as “the right to be forgotten”.

You can request erasure of personal data in certain circumstances, for example:

1. The personal data is no longer necessary for the purpose it was collected.
2. It is being processed unlawfully.
3. The personal data has to be erased due to a legal obligation the Park Authority is subject to.

Restrict Processing

You have the right to request that the National Park Authority restrict processing your personal data if:

1. You think the personal data is inaccurate
2. The processing is unlawful
3. The National Park Authority no longer needs the personal data but you may need it for legal purposes
4. You object to the National Park Authority processing for the performance of a public interest task or any official authority vested in the National Park Authority.

To Object

You have the right to object to the National Park Authority’s use of your personal data. The National Park Authority will have to demonstrate why it is appropriate to continue to use your personal data.

Complaints

If you are unhappy with the way the National Park Authority has processed your information you have the right to complain to the UK Information Commissioner’s Office:

The Information Commissioner’s Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF

Telephone: 0303 123 1113

You should however raise any issues regarding your information with the National Park Authority in the first instance.

The National Park Authority does not use profiling or automated decision making processes.