Strategic Planning  (including Neighbourhood Planning Team)  - privacy notice

What personal information is being processed and what for

Planning Policy Documents

The Council will retain information and personal data that you provide in relation to consultation responses on planning policy documents you choose to take part in or requests to be added to our Local Plan Consultation Database in order to be notified about future consultations and any other relevant matters. If you are represented by an agent, we will usually send any notifications to them unless you have specifically asked to be contacted directly.

Consultation responses on planning policy documents can also include the submission of petitions to the Council, electronically or in writing. The team will process and verify the content of the petition. The petition organiser will be registered as a consultee with details published on the nature of the petition and the numbers of signatures received.

References to planning policy documents can include:

Local Plan documents such as the Local Plan Strategy, Site Allocations and Development Policies Document, and Minerals and Waste Development Plan Document

  • Supplementary Planning Documents
  • Area Action Plans
  • Community Infrastructure Levy
  • Neighbourhood Plan documents
  • Development Briefs and Masterplans
  • Brownfield Land Register
  • Self-build or Custom Build Housing Registers
  • Strategic Housing Land Availability Assessments
  • Housing Monitoring Update
  • Evidence based documents that support the development of planning policy

The Council also undertakes monitoring of policies in its Local Plan and the evidence that supports it. This includes reviewing information on housing, employment, retail, renewable energy and other related subjects with information held in appropriate databases. These databases retain information from planning applications and other information relevant to the subject.

This data may include:

Personally identifiable information whenever you sign up to our Local Plan Consultation Database, contact the Spatial Planning Team or respond to any of our consultations on the above listed document(s), including by the submission of a petition. This information may include your name, email address, home or work address, telephone or mobile number. There is also information about your computer hardware and software that is automatically collected. This information can include unique identifiers such as your IP address.

It may also include sites submitted to the Council (received from landowners or their agents) who wish for their site to be considered for a future land use.

Other reasons why we have information about you include:

  • those who write to or e-mail the Council requesting information on planning policy matters

We process personal information about the following people:

  • members of the public
  • staff
  • professional advisers and consultants
  • representatives of statutory or other organisations
  • elected members

The information comes from you. Our information asset register details the source of the specific information we hold.

Local Development Order

The Council will retain information and personal data provided in relation to the Macclesfield Local Development Order (“LDO”) Consent Form. This form seeks landowners contact details and their consent to be able to provide such details to anyone who is potentially interested in developing parcels of land within the Macclesfield LDO boundary.

Article 4 Direction(s) 

The Council will retain information and personal data provided in relation to consultation on Article 4 Direction(s). Responses can be collected via letter, e-mail or through online responses that are stored on UK based servers by the online account service that we use (‘Smart Survey’); please refer to their privacy policy: www.smartsurvey.co.uk/privacy-policy for further information

In addition to the Personally identifiable information listed above, the Council may collect data on age, gender, ethnicity, religion, disability, sexual orientation and if you are pregnant or on maternity leave. The smart survey consultation form will ask for consent in providing this information to the Council. We ask these questions to make sure that we comply with our duty required by the Equality Act 2010. Also, where necessary, we will use this data to assess whether there are differing views between any groups of people. 

Why we are allowed to use your information

Planning Policy Documents

It is a statutory function for Local Authorities to produce Local Plan documents and as such, under local government legislation, is a task in the public interest and in the exercise of official authority.

The way in which planning policy documents are produced is governed by a range of legislation. In a number of cases this includes how they are consulted upon and how the Council is expected to collect and present consultation responses in a transparent way. This legislation includes but not exclusive to:

  • Town and Country Planning Act 1990
  • Planning (Listed Buildings and Conservation Areas) Act 1990
  • Planning and Compensation Act 1991
  • Planning and Compulsory Purchase Act 2004
  • Localism Act 2011
  • Housing and Planning Act 2016
  • Neighbourhood Planning Act 2017
  • The Town and Country Planning (Local Planning) (England) Regulations 2012
  • The Neighbourhood Planning (General) Regulations 2012
  • The Town and Country Planning (Brownfield Land Register) Regulations 2017

Local Development Order

The Council are using this information to help progress the Macclesfield LDO which will help achieve regeneration in the area. The legal basis we rely on to use your personal data is your consent.

Article 4 Direction(s) 

It is a statutory requirement of the Town & Country Planning (General Permitted Development) Order 2015 to give notice of the making of Article 4 Directions and to invite representations to be made about them before any decision is taken whether to confirm them or not. As such, under local government legislation, this is a task in the public interest and in the exercise of official authority.

Who we will share your information with

Planning Policy Documents

The Council will share details in line with this privacy notice and when required to do so by law and / or statutory regulations in producing the development plan and planning policy documents. This may include:

  • Publishing your name, organisation, post town and comments on our public facing consultation portal (Objective Keystone Online).
  • Providing your name, organisation, address and comments to an independent planning inspector / examiner to consider the soundness and legal compliance of the planning policy documents being produced.

If you create a petition (petition organiser), you will be required to provide personal information so that we can contact you about your petition. Details regarding the petition will be registered on our consultation portal and the information shared in line with the principles outlined above. If you sign a petition, you will be required to provide personal information to enable us to verify that the petition itself is genuine. The personal details of signatories of the petition will not be published.

Your data will not be used for marketing or automated decision purposes. Notifications may be sent to you to provide updates on local plan consultations and related documentation.

Local Development Order

For the Macclesfield LDO , contact details provided in the Consent Form will be shared with anyone who contacts the Council and is potentially interested in developing parcels of land within the Macclesfield  LDO boundary.

Article 4 Direction(s) 

The Strategic Planning Team will only share individual level data with other Council departments or other third parties if it is necessary to comply with a legal obligation or it is necessary for one of our official functions. We will provide summarised or grouped data to interested Council departments or external services where individuals cannot be personally identified.

Where we get your information from

Planning Policy Documents

Information is received from responses (including the submission of petitions) to planning policy related documentation and from other plan making bodies. This will include consultation surveys and other forms of consultation placed publically on the Cheshire East Council website using the Council’s Consultation Platform – Objective Keystone Online.

Stakeholders may request to be added to our Local Plan Consultation Database to receive updates on planning policy consultations.

Local Development Order

Information will be obtained from landowners who have development parcels of land within the Macclesfield LDO boundary and have provided the Council with a signed copy of the consent form.

Article 4 Directions 

Information can be obtained from a range of sources including other relevant council departments such as the Cheshire East Licensing Team. Consultations and surveys may also be placed on the Cheshire East Council website. Responses can be collected via letter, e-mail or through online responses that are stored on UK based servers by the online account service that we use (‘Smart Survey’); please refer to their privacy policy: www.smartsurvey.co.uk/privacy-policy.

How long we will keep your personal information

Planning policy documents/Article 4 direction(s)

We keep personal information in line with its retention schedule, which is based on retention guidelines for local authorities. You can see details of our retention guidelines on our information asset register.

Local Development Order

The information will be kept for the length of time the Macclesfield LDO is live.  The Macclesfield LDO took effect on the day it was adopted (13 February 2019) and is limited to a five year period following which the LDO will expire (13 February 2024).  

The Council will review the LDO within 28 days on the second anniversary of its adoption (13 February 2021) to assess its progress and ascertain if it should continue in its current form, be amended, or revoked.

How your information is stored

Information and personal data submitted for consultation purposes will be retained securely and in line with Cheshire East’s retention guidelines.

Planning policy documents

It will be hosted on a cloud based software system, called Objective Keystone Online, with appropriate security controls in place to protect it, including passwords, authorised user access and encryption of data.

Paper responses are stored in a locked cupboard.

Local Development Order

Information and personal data submitted will be retained securely and in line with Cheshire Easts retention guidelines.  The data will be kept separate from all other consultation responses, including from the Objective database. Once responses are downloaded they are stored on Council servers in folders only accessed by the Strategic Planning Team.

Article 4 Direction(s)

Information and personal data submitted for consultation purposes will be retained securely and in line with Cheshire East’s retention guidelines.

Paper responses are stored in a locked cupboard. Online responses are stored on UK based servers by the online account service that we use (‘Smart Survey’); please refer to their privacy policy: www.smartsurvey.co.uk/privacy-policy.

Once responses are downloaded they are stored on Council servers in folders only accessed by the Research and Consultation Team and the Strategic Planning Team.

What happens if you don’t provide us with your information

Planning Policy Documents / Article 4 Direction(s)

The Council has a duty to make sure that all documents and therefore all comments received are made available for public inspection under statutory provisions including the Local Government (Access to Information) Act 1985, the Freedom of Information Act 2000 and the Local Government Act 1972.  Your comments on planning policy documents / Article 4 Direction(s) and/or site(s) (or other information submitted to the Council) cannot be registered or used for the purposes of the development of planning policy / Article 4 Direction(s) if you do not provide your personal information.

Anonymous responses are not accepted.

For Article 4 Direction(s), information may be collected on age, gender, ethnicity, religion, disability, sexual orientation and if you are pregnant or on maternity - We ask these questions to ensure we comply with our duty as part of the Equality Act 2010 and for monitoring purposes. Also where necessary we will use this data to assess whether there are differing views between any groups of people. This information is provided on a voluntary basis.

Local Development Order

If the Macclesfield  LDO Consent Form is not returned, the Council will not be able to provide contact details to anyone who is potentially interested in developing parcels of land within the Macclesfield LDO .  Instead any developers will be asked to contact H M Land Registry.

Will your information be used to make automated decisions

No.

Will this information be transferred abroad

No

Your rights

You have a number of rights regarding your personal data, including withdrawing your consent where we have asked for it.  You can also ask for a copy of the information we hold about you and ask us to correct anything that is wrong. 

For detailed information about your rights please see the Cheshire East  privacy notice.


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