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Privacy Notice - Planning

Planning process and store a large volume of information and personal details. This statement sets out the types of information that we deal with, how it is stored, displayed and disposed of in accordance with the current data privacy laws

Submission of a Planning Application

Planning Applications are held as a public register as required by the Development Management Procedure Order 2015. The register must be kept indefinitely and is held on the Planning Database (APAS). This information is also published on our website with the exception of;

  • Personal contact details for the applicant - i.e. telephone numbers, email addresses
  • Signatures
  • Personal Sensitive Information
  • Information identified as confidential

If you are submitting supporting information which you consider as being confidential or wish to be specifically withheld from Public Register, it would appreciated if you brought this to our attention.

Consultations and publicity

When an application is validated we will carry out the necessary consultations with statutory bodies. These consultations may be required by the Development Management Procedure Order 2015 (as amended) and additional consultations may be requested by the case officer. This consultation refers third parties to the online Planning Register to view documentation in order to make their representation.

As part of the application process we will also carry out the required publicity, which may take the form of; letters to neighbouring properties, site notices and/or notices in the local press. This publicity refers third parties to the online Planning Register to view documentation in order to make their representation.

Weekly list of received and determined applications

A list of planning applications validated and determined by Boston Borough Council is available through search options on the Boston Borough Council website and our system also produces a list of each which is emailed to Councillors, statutory consultees and any other third party who requests to sign up to the mailing list. These lists are produced for information and consultation purposes and only contain the basic information in relation to the application and its outcome, along with a link to the website to view the information publically available on the register.

Commenting on a Planning Application (neighbour and other third party representations)

Third party representations are important material considerations in the determination of any type of application.

Representations are held on the Planning Database (APAS) along with contact information, if it has been provided. It is our policy to publish representations received in relation to a Planning Application on the online planning register, or provide copies to anyone who makes such a request. The following information would be withheld;

  • Personal contact details for the third party - i.e. telephone numbers, email addresses
  • Signatures
  • Personal Sensitive Information
  • Information identified as confidential

Our Technical Support Team has received training to identify information or details which should not be publically available and our software enables us to redact such details prior to publishing. If you believe that we have published information that we shouldn't have, please bring this to our attention at the earliest opportunity.

Representations are displayed on the website until the application is determined. A copy of your representation is then retained on our electronic record for 6years (+current)

Pre-application Advice

By the submission of a Pre-application enquiry, it is assumed that you are consenting to the Boston Borough Council Development Management Team recording and storing the information that you have provided with your enquiry.

Enquiries are stored electronically within the Planning Database, APAS. Pre-application enquiries are treated confidentially. We will carry out the required consultations to be able to provide a thorough response to enquiries, however, enquiry details are not disclosed to any other parties, nor displayed on our website.

As stated within our Pre-application Advice Protocol, advice is considered valid for a period of 3 years. We retain our Pre-application Records for 3years (+current) in accordance with our Retention and Disposal Policy.

 

Tree Preservation Orders

Applications for works to trees subject to a Tree Preservation Order and Notifications of works to trees in a Conservation Area (Section 211), will be treated as per Planning Applications in terms of recording and retention of information. 

The Council is also responsible for the making and review of Tree Preservation Orders within the Borough. We will therefore be processing data associated with land ownership and interested parties as a Public Task - delivering a service in the public interest under a power from the Town and Country Planning Act 1990.

For the purposes of consultation and notification of Tree Preservation Orders, we will obtain land ownership details from applicants or sources such as Land Registry, and use for the necessary process for making and confirming Tree Preservation Orders.

Consultation responses will be retained in an electronic format for a period of 2 years from the date of decision relevant to the Tree Preservation Order; anonymous summaries of responses received will be retained within the officer report until such a time that an order is revoked.

Any representations made in relation to the making of a Tree Preservation Order will be publically available (subject to redaction of personal information) and may also be released in the event of a relevant request under Freedom of Information or Environmental Impact Regulations.

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