Data Controller:
Mole Valley District Council (“MVDC”) is the main body exercising control over the purpose for which and the manner in which your personal data is processed.
Data Controller’s contact details:
MVDC, Pippbrook, Dorking, RH4 1SJ. Telephone: 01306 885 001.
Data Protection Officer:
Mr Tom Penlington (Legal Services Manager (solicitor)). Telephone: 01306 879354
The legal basis for and the purposes of the processing:
The processing is necessary for the performance of a task carried out in the public interest to satisfy MVDC’s statutory duty to prepare a Local Plan as set out in the Planning and Compulsory Purchase Act 2004 and the Town and Country Planning (Local Planning) (England) Regulations 2012. The Regulations require that, as part of preparing a Local Plan, MVDC needs to notify and invite representations from residents or other persons carrying on business within the district as well as from a range of specific and general consultation bodies that may have an interest in the Local Plan. The Act also requires MVDC to submit information relating to the representations made to MVDC on Local Plan consultations onto the Secretary of State for Housing, Communities and Local Government for Local Plan examination.
MVDC is obliged to undertake public consultation on the Local Plan in line with its Statement of Community Involvement.
When responding to public consultations on the Local Plan, the personal data provided by you will be used to:
- Inform you about subsequent consultation exercises relating to the Local Plan;
- Analyse the sources, content and demographics of consultation responses, in order to prepare consultation statements, summarise the responses and inform MVDC decision-making, and;
- Demonstrate evidence of MVDC holding consultation(s) on the Local Plan, including the contents and outcome of such consultations, at Local Plan examination.
MVDC will collect the following personal information:
- Name
- Contact details:
- E-mail address, and/or;
- Postal address, and/or;
- Phone number(s)
Respondents are not required to but can additionally provide information on the following should it assist with the context of their response:
- Organisation
- Position within organisation
- Client name (where the respondent is an agent for the landowner)
The source of the personal data:
For the purposes of Local Plan public consultations, you are the respondent and are the source of personal data about yourself.
Personal information relating to you will not be collected from any other sources.
Recipients and categories of recipients of the personal data:
MVDC staff are involved in preparing the Local Plan and will be the recipient of your personal data.
For Local Plan examination, consultation responses and personal data will be passed to the Planning Inspectorate and a Programme Officer. The Programme Officer works for the Planning Inspector who will examine the Local Plan. The Programme Officer may also contact you using the personal information you have provided.
Further information on onward transfers:
For responses received by e-mail and post MVDC will not transfer the personal data you have provided outside of the UK or European Union unless this is permitted by law in accordance with the Data Protection Act 2018.
How long the personal data will be kept for:
The personal data you have supplied will be destroyed, in accordance with MVDC’s Data Retention Policy, two years after the Local Plan is adopted or following the conclusion of any legal challenge to the Local Plan, whichever is the later. It is anticipated the Local Plan will be adopted in 2023 as set out in MVDC’s latest Local Development Scheme. To view MVDC’s Data Retention Policy, visit www.molevalley.gov.uk.
Statutory Obligations to provide the personal data:
In most cases, there is no statutory obligation on you to provide any personal data about you. However, at certain stages in the process of preparing the Local Plan, MVDC is obliged under the Town and Country Planning (Local Planning) (England) Regulations 2012 to obtain contact details for those who submit representations, in order to notify them about arrangements for subsequent stages of plan-making, including the independent examination of the Local Plan.
Automated Decision Making:
The personal data provided by you will not be used for any automated decisions.
Data Subject Rights:
From 25 May 2018 you will have some specific rights in respect of your personal data. These may include some or all of the following rights to:
- See what personal data about you MVDC holds at any time (subject to certain caveats, for example where third parties are identified);
- Have MVDC correct any errors (if any) in the personal data it holds about you, and to have incomplete personal data completed. In certain situations, however, MVDC can retain the personal data in dispute. You will be informed whether this is the case when we respond to your request.
- Request your personal data is erased (though this right will not apply where MVDC is processing your personal data because it is necessary to comply with a legal obligation)
- Request processing of your personal data is restricted (this will only apply in certain situations, for example where its accuracy is contested, where the processing is unlawful and you oppose its proposed erasure by MVDC, or where MVDC no longer needs to process the personal data but it is required by you in connection with legal claims).
- Following any changes to your personal data made as a result of (i) rectification, (ii) erasure, or (iii) restriction, MVDC will inform any third party recipients of the changes made, unless this is impossible or would involve disproportionate effort.
- The Right to data portability which provides you with the right to receive personal data (which you have previously provided to MVDC) in a commonly used and readable format.
- Object to the processing where the processing is necessary for a task carried out in the public interest or in the exercise of official authority vested in the data controller (though MVDC will still be able to continue with the processing in certain circumstances, such as if there are compelling grounds for processing which overrides your interests).
- Withdraw consent (see below).
Withdraw Consent
If you have provided consent to the processing of your personal data, you may withdraw your consent at any time by e mailing planning.policy@molevalley.gov.uk
Will the personal data be processed for a different purpose?
No. If MVDC needs to inform recipients about any action it has taken under the Data Protection Act then it will do so by placing a Notice on MVDC’s website informing the public of any relevant changes.
If you are dissatisfied with how your personal data is processed by MVDC then you have the right to complain to the Information Commissioner who can be contacted at: Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow SK9 5AF.