This Privacy Notice is designed to help you understand how and why CIL at Bassetlaw District Council processes your personal data. This notice should be read in conjunction with the Council’s Corporate Privacy Notice.
Who are you?
Bassetlaw District Council is a ‘Data Controller’ as defined by Article 4(7) of the General Data Protection Regulation (GDPR).
The Community Infrastructure Levy (CIL) is a planning charge, introduced by the Planning Act 2008 as a tool for local authorities in England and Wales to help deliver infrastructure to support the development of their area. It came into force on 6 April 2010 through the Community Infrastructure Levy Regulations 2010.
It was adopted by Bassetlaw District Council on 1 September 2013 and will be applied to all planning applications determined from this date. Development will be liable for CIL if your development creates floorspace of 100m2 or more, if it creates a dwelling of any size or the conversion of a building no longer in use.
CIL Legislation requires us to collect data relating to applicants, agents, liable parties, landowners and interested parties as appropriate.
We will use your personal data as part of the Councils statutory duties in relation to the administration of the Community Infrastructure Levy (CIL). This includes any contact by email, letter or telephone. We may also receive information about you from third parties, including Planning Agents and Interested Parties.
The Council has an appointed Data Protection Officer. Their contact details are:
Data Protection Officer
Bassetlaw District Council
What Personal Data of mine do you collect?
The types of personal information we collect may include:
- Basic personal information including name, address and contact details;
- Any other information you provide to us which is required by the CIL Regulations, including data which may include personal identifiers or sensitive information
This includes any contact by email, letter or telephone. We may also receive information about you from third parties, including planning agents and interested parties. CIL legislation requires us to collect data relating to applicants, agents, liable parties, landowners and interested parties (as appropriate).
If you are granted an exemption or relief from CIL, then further personal information may be required to be collected and stored in order to grant said relief/exemption, such as utility bills, bank statements, mortgage details, insurance details etc.
We may also collect visual images (site photos) and financial details (associated with payment of fees and evidence documents)
What is the purpose of collecting my Personal Data?
The Council uses your personal information in order to deal with planning obligations related matters such as the determination of CIL Liabilities, checking previous reliefs and exemptions granted to ascertain eligibility, answer queries on land searches, populate the Local Land Charges register, and to check for discharge of S106 related obligations. We will also use your personal information in order to consult with you on planning applications and to consult you on or notify or inform you of planning obligation related matters.
Who do you share this data with?
Within the Council: For CIL purposes we may share your information with other service areas, for example to register CIL as a land charge and for the monitoring and enforcement of CIL liabilities. We may also share your personal data with third parties, including the Planning Inspectorate (PINS) or Valuation Office Agency (VOA), for the purposes of determining CIL appeals and proceeding with any enforcement action to recover due monies.
Your personal information will be treated as confidential but it may be shared with other Council services in order to ensure our records are accurate and up-to-date, and to improve the standard of services we deliver. We will only use your information in ways which are permitted by the General Data Protection Regulation and the current UK Data Protection law.
The Council may also use your information for the purpose of performing any of its statutory enforcement duties. It will make any disclosures required by law and may also share your information with other bodies responsible for detecting/preventing crime including fraud or auditing/administering public funds.
Any obligations required on a development under CIL are also required to be recorded on the Local Land Charges Register. The Council may use your information for the purpose of performing any disclosures required by law to persons requesting a search on the local land charges register.
Additionally, any CIL Notices bearing your name and address will be copied to any other persons who have a material interest in the land contained within the red edge of the planning application/permission.
How long do you keep this data for?
We will keep your information for as long as it is required by us or other regulatory bodies in order to comply with legal and regulatory requirements or for other operational reasons.
Planning Applications and associated documents, including those in relation to S106 agreements and CIL, are held as a public register as required by the Development Management Procedure Order 2015. The register must be kept indefinitely and is stored in our secure document management system DMS. This register is also published on our website. However, we hold CIL documentation containing any personal information as confidential, and is therefore not subject to general public access.
Your personal data will be held securely by the Council. We have a corporate privacy notice in place to oversee the effective and secure processing of your personal information, and also utilise appropriate technical safeguards to keep your information secure.
Unless required through statutory legislation we will not publish your personal details.
What is your legal basis for processing this data?
- Community Infrastructure Levy Regulations 2010 (as amended)
- The Planning Act 2008 (as amended)
- The Planning and Compulsory Purchase Act 2004 (as amended)
- The Town and Country Planning Act 1990 (as amended)
The processing of your information is necessary for compliance with the legal obligations contained within these Acts.
Protecting your personal data
We are strongly committed to data security and will take reasonable and appropriate steps to protect your personal information from unauthorised access, loss, misuse, alteration or corruption. We have put in place physical, electronic, and managerial procedures to safeguard the personal information that we hold.
We do not currently transfer your data to any third country or international organisation.
Research and statistics
Anonymised and pseudonymised data may be used for research and statistical purposes. Any data collected may be used for research and statistical purposes that are relevant and compatible with the purpose that the data was collected for.
There are a number of rights that you may exercise depending on the legal basis for processing your personal data. In most cases, these rights are not absolute and there may be compelling or overriding legal reasons why we cannot meet these rights in full. This will be explained to you in more detail should you contact us for any of the reasons detailed below:
- Request a copy of the personal information the council holds about you
- To have any inaccuracies corrected
- To have your personal data erased
- To place a restriction on the council’s processing of your data
- To object to processing and
- To request your data to be ported (data portability)
- To object to any automated decision making including profiling and the right to ask for any automated decision making to be reviewed by a human
Where the processing of your personal data is based on your consent, in most circumstances, you have the right to withdraw that consent at any time and we will act on your instructions.
For more information about how the Council may use your data and to learn more about your rights please see the Council’s Privacy Statement.
If you have any concerns or questions about how your personal data is processed, please contact the Council’s Data Protection Officer at the above address or by email to DataProtectionOfficer@bassetlaw.gov.uk. If you are dissatisfied, you can then make a complaint to the Chief Executive under stage 1 of the Council’s complaints procedure. Should you wish to pursue this further, please send your reasons in writing to the Council’s Chief Executive Officer here at Queen’s Buildings. If you remain dissatisfied with the Council’s response, you can complain to the Information Commissioner's Office in writing to: Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF or by telephone 0303 123 1113 (local rate) or 01625 545 745.
Last Updated on Wednesday, March 1, 2023