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Strategic Planning Policy Privacy Notice

City of York Council (CYC) current data protection notification is registered with the Information Commissioner’s Office (ICO) – reference Z5809563. We regularly review this privacy notice, and it was last updated in November 2024.

CYC is committed to ensuring that personal data is handled in accordance with the principles set out in data protection legislation and guidance from the Information Commissioner’s Office (ICO).

This privacy notice tells you what to expect when we collect personal information about you. It applies to the Council’s Strategic Planning Policy such as the Local Plan and the Minerals and Waste Joint Plan.

CYC is the controller for this information unless we specifically state otherwise in this privacy notice.

You can contact the council’s Data Protection Officer at:

West Offices
Station Rise
York
YO1 6GA

Telephone: 01904 554145.

Email: information.governance@york.gov.uk.

This privacy notice should be read in conjunction with other relevant CYC privacy notices and/or policies and procedures.

When appropriate we will provide a ‘just in time’ notice to cover any additional processing activities not mentioned in this document.


How we collect your information

We get your information from you, your organisation, or your appointed agent or representative when you:

  • take part in our consultation or surveys
  • complete our online expression of interest form

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What personal data we process and why

We process the following personal and special categories of personal data such as:

  • your name and personal contact details and those of your agent, if relevant
  • organisation name, address, and email
  • your opinions, thoughts, and feedback
  • details of your land ownership

We use the information you give us to ensure the Council meets its statutory and national planning policy requirements such as:

  • plan-preparation, including the Local Plan, Minerals and Waste Joint Plan and Neighbourhood Plans
  • plan delivery, including Supplementary Planning Documents, Community Infrastructure Levy, Annual Monitoring Report, Statement of Community Involvement, and guidance notes
  • plan-making inputs, including the evidence base, Sustainability Appraisal, Habitats Regulations assessment and Heritage Impact Assessment

In the preparation of plan-making there is a requirement to engage with various consultation bodies and members of the public. The local planning authority is required under planning regulations to publish a detailed statement on representations received after each consultation stage. Individuals’ names and organisation names may be published within these reports for reasons of transparency. These reports are required to be submitted to the Secretary of State, the Planning Inspectorate or appointed Examiners as part of the plan Examination process.

As part of the process of Plan preparation the Council needs to make information available for public inspection, which we do by publishing on our website and making paper copies available on request. We will only make available or publish the information we have to do to meet our legal obligations. This includes:

  • your name, or the name of the Organisation you represent
  • your ID number (if provided)
  • your comments/representations Where the information supplied by you or on your behalf is in relation to housing or employment sites, it will form part of databases for developable land and for the purpose of producing the Strategic Housing and Employment Land Availability Assessment and Brownfield Land Register

We will ask for your consent to contact you about consultations or, if you have requested to be notified of the submission of a Plan for examination, the publication of the Inspectors’ or Examiner’s recommendations and Plan adoption. You can withdraw your consent at any time by email: localplan@york.gov.uk.

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Automated decision-making

We do not carry out any automated decision-making in the delivery of our Strategic Planning Policy.

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Collecting information automatically

Please see our Cookies Policy for further information about the information we collect automatically when you use our website.

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Children’s information

Where we provide services directly to children or young people, the information in the relevant parts of this notice applies to children and young people, as well as adults.

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Lawful basis for processing your personal data

Any personal and special category data that we process about individuals is done so in accordance with Article 6 and 9 of the UK GDPR and Schedule 1 of the Data Protection Act 2018 (DPA 2018).

The legal basis for processing your personal and special categories of personal data is in accordance with one or more of the following:

  • Article 6(1)
    • (a) Consent: the individual has given clear consent for the council to process their personal data for a specific purpose.
    • (c) Legal obligation: the processing is necessary for the council to comply with the law (not including contractual obligations).
    • (e) Public task: the processing is necessary for the council to perform a task in the public interest or for our official functions, and the task or function has a clear basis in law.
  • Article 9(2)
    • (a) explicit consent
    • (b) Employment, social security, and social protection (if authorised by law)
    • (g) Reasons of substantial public interest (with a basis in law)

This is supported by Schedule1, Part 2 (6) of the Data Protection Act 2018 and is underpinned by acts of legislation that dictate what actions can and should be taken by local authorities. This includes, but may not be limited to:

  • The Localism Act (2011)
  • The Planning and Compulsory Purchase Act (2004) (as amended)
  • The National Planning Policy Framework (2018) and associated regulations
  • The Community Infrastructure Levy Regulations 2010 (as amended)
  • The Town and Country Planning (Local Planning) (England) Regulations 2012
  • The Town and Country Planning (Brownfield Land Register) Regulations 2017
  • The Neighbourhood Planning (General) Regulations 2012

Some of the Schedule 1 conditions for processing special category data require an Appropriate Policy Document (APD) to be in place, which sets out and explains the procedures for securing compliance with the principles in Article 5 and policies regarding the retention and erasure of such personal data. This document explains this processing and satisfies the requirements of Schedule 1, Part 4 of the DPA 2018 and supplements this privacy notice.

Our Appropriate Policy Document provides further information about this processing.

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How long we keep your personal data

We will only keep your information for as long as it is needed and then securely and confidentially delete or destroy it.

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Data sharing

In plan-preparation and some aspects of plan delivery we are required by law to share information with the Planning Inspectorate or Examiner appointed to undertake a plan Examination. This includes:

  • your name
  • organisation (where relevant)
  • your ID number (if provided)
  • your contact address/telephone number
  • your email address (if provided)
  • your comments

You can find information on how the Planning Inspectorate uses your personal data, in the Planning Inspectorate privacy notice.

We will not use the information for any other purpose than set out in this privacy notice and will not disclose to a third party. However, in some circumstances, such as under a court order or safeguarding and when required to do so by law for prevention of crime and detection of fraud, we are legally obliged to share information.

We will always satisfy ourselves that we have a lawful basis on which to share the information and document our decision-making.

Additionally, we are required under the Public Records Act 1958 (as amended) to transfer records to the City or National Archives (TNA) for permanent preservation. Full consideration will be given to Data Protection and Freedom of Information legislation when making decisions about whether such records should be open to the public.

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Data processors and/or third parties

Where we have third parties providing parts or all of our services for us, we have contracts or agreements in place with them.

If we use Microsoft Teams, to contact you, to gather information from you, or if we are recording or transcribing our discussion or meeting with you, we will let you know. You can find more details about this in the City of York Council Microsoft Office 365 (MS365) Teams Meeting recording and transcription privacy notice.

If we use SurveyMonkey for our surveys or consultation etc you can find out how they use your information in the SurveyMonkey Privacy Notice.

If we use Eventbrite for arranging and organising events etc you can find out how they use your information in the Eventbrite Privacy Policy.

If we use Delib’s CitizenSpace (digital citizen engagement platform) you can find out how they use your information in the Delib Privacy Notice.

If we use Granicus/Gov Delivery to send you updates, newsletters etc you can find out how they use your information in the Granicus Privacy Policy.

If we use Zoom Pro or Business version of Zoom (version 5) to host some public facing meetings, where these meetings are recorded, recordings will be kept locally on our server and will not be retained by Zoom. You can find Zoom’s privacy statement online and their certifications in Zoom's Legal Compliance page.

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Transfers of personal data

We do not routinely transfer personal data outside of the UK but when this is necessary, we ensure that we have appropriate safeguards in place and that is done in accordance with the UK data protection and privacy legislation.

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How we protect your information

We're committed to keeping your information safe and secure. There are several ways we do this, such as:

  • IT security safeguards such as firewalls, encryption, and anti-virus software
  • on-site security safeguards to protect physical files and electronic equipment
  • training for all staff and elected councillors
  • policies and procedures

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Your rights in relation to this processing

To find out about your rights under data protection law, you can go to the Information Commissioner's Office website.

You can also find information about your rights in our Privacy Notice.

If you have any questions about this privacy notice, want to exercise your rights, or if you have a complaint about how your information has been used, please contact us on email: information.governance@york.gov.uk, or on telephone: 01904 554145, or write to:

Data Protection Officer
City of York Council
West Offices
Station Rise
York YO1 6GA

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Also see

Data Protection Officer

West Offices, Station Rise, York, YO1 6GA

Telephone: 01904 554145