Privacy notices - Breach of planning control

This privacy notice relates to contact made with the Council either via the on-line breach of planning control form or contact made to another officer such as a planning/enforcement officer reporting an alleged breach of planning control. The Highland Council needs to collect your personal data so we can investigate and respond to your query. We will only request the personal data from you that we need in order for us to deal with your enquiry. 

The Council regularly monitors progress of development to ensure planning legislation is being followed. The Council has statutory powers to investigate a breach of planning control and the conditions attached to planning permissions.  This authority comes from the Town and Country Planning (Scotland) Act 1997 as amended by the Planning etc. (Scotland) Act 2006, the Planning (Scotland) Act 2019, the Planning (Listed Buildings and Conservations Areas) (Scotland) Act 1997 as amended and the Town and Country Planning (Control of Advertisements) (Scotland) Act 1984 (as amended).  Section 147 and the Town and Country Planning (Enforcement of Control) (No.2) (Scotland) Regulations 1992 (as amended).

If you don't provide us with personal data we will be unable to investigate and respond to your alleged breach of planning control enquiry.

We require to process personal data to perform a specific task in the public interest that is set out in law i.e. the Town and Country Planning (Scotland) Act 1997 as amended by the Planning etc. (Scotland) Act 2006, the Planning (Scotland) 2019 Act, the Planning (Listed Buildings and Conservations Areas) (Scotland) Act 1997 as amended and the Town and Country Planning (Control of Advertisements) (Scotland) Act 1984 (as amended).  Section 147 and Town and Country Planning (Enforcement of Control) (No.2) (Scotland) Regulations 1992 (as amended). Article 6(1)(c) provides a lawful basis for processing where processing is necessary for compliance with a legal obligation to which the controller is subject.

 

• View personal data
• Change personal data
• Delete personal data
• Restrict processing of personal data
• Object to processsing of your personal data

Find out more about your rights

Enquiries are often received regarding matters that are not breaches of planning control.  The alleged breach may sometimes involve matters that are more appropriately dealt with by other Council Services such as Environmental Health (for example noise or odour nuisance), or external agencies such as the Scottish Environment Protection Agency. In these instances, we may pass your details onto the relevant service / agency to investigate the matter further. We may be required to share your details with The Crown Office and Procurator Fiscal Service.

Enforcement Register

We are required to keep a register of all Amenity Notices, Enforcement Notices, Breach of Condition Notices, Notices under section 33A (Notice requiring an application for planning permission for development already carried out), Temporary Stop Notices and Stop Notices served by the Council as Planning Authority in relation to land in its district and in accordance with the terms of the Town and Country Planning (Scotland) Act 1997 and other associated legislation.

The enforcement register must remain available for public inspection permanently. Information other than that contained within the Register will be available for a period of ten years.

Your personal information is not subject to automated decision making.

The data controller is The Highland Council

Data Protection Officer
Highland Council Headquarters
Glenurquhart Road
Inverness
IV3 5NX
01463 702029   

dpo@highland.gov.uk

If you are unhappy with the way we have processed your personal information you can contact the Information Commissioner:

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Tel: 0303 123 1113
https://ico.org.uk/global/contact-us/