Purpose and lawful basis for processing
We, in the Council’s in house Legal team, collect and process personal data for the purpose of determining applications for Lawful Development Certificates.
The lawful bases we rely on are as follows:
- Article 6(1)(c) of the GDPR, which allows us to process personal data where this is necessary for compliance with a legal obligation to which we are subject (this includes the Town and Country Planning Act 1990); and
- Article 6(1)(e) of the GDPR, which allows us to process personal data when this is necessary to perform our public tasks as a local authority
If the information we collect or process pursuant to our determination of your application for a Lawful Development Certificate includes special category data, such as health data or data about ethnicity, the lawful basis we rely on to process it is article 9(2)(g) of the GDPR. This also relates to our public task. Also applicable is Schedule 1 part 2(6) of the Data Protection Act 2018 which relates to statutory and government purposes.
What we need
We are passed your application for a Lawful Development Certificate from our Planning Department along with any other information provided with your application.
What we do with it
On receipt of the application of a Lawful Development Certificate we open a case file to record and store the information received. Information provided in, and in support of, an application for a Lawful Development Certificate will be used to determine that application, this will include correspondence with the planning department and with you or your agent. Accordingly the information you provide will be shared with the Council's planning department and any agent acting on your behalf.
How long we keep it
For information about how long we hold personal data, see our Retention Schedule.
What are your rights?
We are acting pursuant to our public task in respect of determining Lawful Development Certificates. You therefore have the right to object to our processing of your personal data. There are legitimate reasons why we may refuse your objection, which depend on why we are processing it. For more information on your rights see Your Rights.
How to apply
To apply for a Lawful Development Certificate, go to the downloadable forms on our Planning Portal.