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Planning and Public Protection Privacy Statement

Background:

This privacy notice explains how the Planning and Public Protection department of Powys County Council use's your personal information in the course of our work.

What We Collect:

In order to deliver the Planning and Public Protection Service it is necessary for the council to process your information. We may collect, for example, the following information:

•         Name and address

•         Contact information including email address and telephone number

•         Other personal information you might submit as evidence, such as information about health conditions, within for example:

o   A planning or listed building application;

o   Planning Policy related representations;

o   An application for building regulations, notice of demolition, unauthorised works, dangerous structures, retaining walls or safety at sports grounds;

o   An application for a licence with the Environmental Health or Trading Standards service such as House in Multiple Occupation, special procedures, Petroleum and the Registration of food businesses.

•         Other personal information to meet health & safety / grant monitoring requirements for participation in activities (i.e. to establish 'activity readiness).

What we do with the information we gather:

Powys County Council is the data controller for the personal information you provide. Your information will be used in the exercise of our official authority pursuant and as prescribed by statute and will not be used for any other purpose, unless it is considered compatible, and within our legitimate interests do so. We will not share your data with third parties unless we are required or permitted to do so by law.

We may process your personal information collected for the following reasons:

•         As part of the statutory records we hold under Primary legislation identified at Appendix 1, along with all other subordinate secondary legislation and Regulations.

•         As part of the provision of our Planning Pre-Application Advice Service.

•         As part of our Enforcement Investigations under the above-referenced Acts and Regulations.

•         As part of our provision of our Pre-purchase and Completion Certificates services.

•         Building Control Added Value Services.

•         As part of 'Distribution Lists' targeted at providing you with information about Planning / Building Control / Environmental Health / Trading Standards Applications, Policies and Procedures, including relevant National information and/or guidance.

•         To contact you for research purposes to enable us to improve the services we offer. We may contact you by email, phone, or mail. However, should you inform us that you do not wish to be involved then your records will be noted accordingly.

Any personal data processed by Powys County Council is done so in accordance with the requirements of the General Data Protection Regulation (GDPR) (Regulation (EU) 2016/679) & Data Protection Act 2018. We will retain this information in accordance with our statutory requirements.

We will only disclose your personal data when obliged to by law or where it is lawful to do so, such as on occasion to the following:

•         Internally with other Powys County Council Departments.

•         Organisations/ Regulatory Authorities who assist us in delivery of our Services.

•         Your legal representatives.

•         Partner authorities through the Local Authority Building Control Partner Authority Scheme in relation to Building Regulation applications.

Security:

We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online. 

If you are submitting information which you would like to be treated confidentially or wish to be specifically withheld, please let the Planning and public Protection service know as soon as you can - ideally in advance of submitting the information.

Links to Other Websites

Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.

Controlling your Personal Information

Information held by the Planning and Public Protection Service will be retained in accordance with the legislation and the Councils retention schedule. If you have any concerns or questions regarding the use of your personal data please contact the department initially or the Data Protection Officer by email at information.compliance@powys.gov.uk or by phone at 01597 826400.

Further information on how Powys County Council uses personal data, and the data protection rights of individuals can be found here .

Updates (notice):

We may update or revise this Privacy Notice at any time so please refer back to this page for the most up to date version.

Appendix 1

Planning

Town & Country Planning Act 1990 Planning (Listed Buildings and Conservation Areas) Act 1990

Planning and Compulsory Purchase Act 2004

Planning (Wales) Act 2015

The Town and Country Planning (Local Development Plan) (Wales) (Amendment) Regulations 2015 The Environmental Assessment of Plans and Programmes (Wales) Regulations 2004

The Conservation (Natural Habitats, &c.) Regulations 1994

EC Directive 92/43/EEC on Conservation of Natural Habitats and of Wild Fauna and Flora (Habitats Directive)

Active Travel (Wales) Act 2013

The Countryside and Rights of Way Act 2000

For a full list of relevant planning legislation please see the Welsh Governments planning website (https://gov.wales/topics/planning/?lang=en).

Building Control

Building Act 1984

Building Regulations 2010

West Glamorgan Act 2010

Safety of Sports Grounds Act 1975

Fire Safety and Safety of Places of Sport Act 1987

Environmental Health and Trading Standards 

Anti-Social Behaviour Act 2003

Building Act 1984

Caravan Sites and Control of Development Act 1960

Caravan Sites Act 1968 Clean Air Act 1993

Clean Neighbourhoods & Environment Act 2005

Companies Act 2006

Control of Pollution Act 1974

Deer Act 1991

Environment Act 1995

Environmental Protection Act 1990

European Communities Act 1972

Food and Environment Protection Ac 1985

Food Hygiene (Wales) Regulations 2006

Food Hygiene Rating (Wales) Act 2013

Food Hygiene Rating (Wales) Regulations 2013

Food Safety Act 1990 (as amended) and any Orders or Regulations Made thereunder or relating to the forgoing of having effect by virtue of the European Communities Act 1972

General Food Regulations 2004

Health Act 2006

Health and Safety at Work etc. Act 1974

Housing Acts 1985, 1996 & 2004

Imported Food Regulations 1997

Housing Grants, Construction and Regeneration Act 1996

Land Compensation Act 1973

Land Drainage Act 1991

Landlord and Tenant Act 1985 

Local Government (Miscellaneous Provisions) Act 1976 

Local Government (Miscellaneous Provisions) Acts 1976 & 1982

Local Government and Housing Act 1989

National Assistance (Amendment) Act 1951

Noise and Statutory Nuisance Act 1993

Noise Act 1996

Prevention of Damage by Pests Act 1949

Products of Animal Origin (Third Country Imports) (Wales) Regulations 2002 & 2007

Protection from Eviction Act 1977

Public Health Acts 1936 & 1961

Public Health (Control of Disease) Act 1984

Public Health (Wales) Act 2017

Part 2A of the Public Health (Control of Diseases) Act 1984 (as amended by section 129 of the Health and Social Care Act 2008)

Public Health (Drainage of Trade Premises) Act 1937

Slaughterhouse Act 1974

Slaughter of Poultry Act 1967

Sunbeds (Regulation) Act 2010

Sunbeds (Regulation) Act 2010 (Wales) Regulations 2011

Water Industry Act 1991 

West Glamorgan Act 1987

Accommodation Agencies Act 1953

Administration of Justice Acts 1970 &1985

Agriculture Act 1970

Agricultural Produce (Grading & Marking) Acts 1928 - 1931

Agriculture (Miscellaneous Provisions) Act 1968

Animal by Products (Enforcement)(Wales) Regulations 2014

Animal Health Acts 1981 & 2002

Animal Health and Welfare Act 1984

Animal Welfare Act 2006

Cancer Act 1939

Children & Young Persons Act 1933

Children & Young Persons Act (Protection from Tobacco) Act 1991

Companies Acts 1985 & 2006

Consumer Credit Act 1974 & 2006

Consumer Rights Act 2015

Consumer Protection Act 1987

Contaminants in Food (Wales) Regulations 2010

Control of Horses (Wales) Act 2014

Copyright, Designs and Patents Act 1988

Copyright etc. and Trade Marks (Offences & Enforcement) Act 2002

Criminal Attempts Act 1981

Criminal Justice Act 1988 s.141 and 141A

Criminal Justice & Public Order Act 1994

Criminal Justice & Police Act 2001 (Chapter 2)

Criminal Law Act 1977

Development of Tourism Act 1969

Dogs Acts 1906 & 1928

Education Reform Act 1988 (s. 214 & 215)

Energy Act 1976

Enterprise Act 2002

Estate Agents Act 1979

European Communities Act 1972

Explosives Act 1875

Farm & Garden Chemicals Act 1967

Feed (Hygiene and Enforcement) (Wales) Regulations 2005

Feeding Stuffs (Wales) Regulations 2006

Fireworks Act 2003

Flavourings in Food (Wales) Regulations 2010

Food & Environment Protection Act 1985 (Authorisation via FSA only)

Food Information (Wales) Regulations 2014

Food Safety Act 1990 (s.32) and relevant Orders and Regulations made under or relating to the forgoing or having effect by virtue of the European Communities Act 1972

Forgery & Counterfeiting Acts 1981 and 1988

General Product Safety Regulations 2005

Fraud Act 2006

General Food Regulations 2004

Hallmarking Act 1973

Health & Safety at Work etc. Act 1974 (Section 20(2) (a),(b),( c), (d), (e),(f), (g), (h), (i), (j), (k), (l); Sections 21,22, 25,38 and 39

Highways Act 1980

Imported Food Regulations 1997

Intoxicating Substances (Supply) Act 1985

Knives Act 1997

Licensing Act 2003

Malicious Communications Act 1988

Materials and Articles in Contact with Food (Wales) Regulations 2012

Medicines Act 1968 (s.111)

Motor Cycle (Noise) Act 1987

Motor Vehicle (Safety Equipment for Children) Act 1991

National Lottery Act 1993

Official Feed and Food Control (Wales) Regulations 2009

Offensive Weapons Act 1996 (s.6)

Olympic Symbols etc. (Protection) Act 1995

Pesticides (Fees and Enforcement) Act 1989

Petroleum (Consolidation) Act 1928

Petroleum (Transfer of Licences) Act 1936

Poisons Act 1972

Prices Act 1974

Proceeds of Crime Act 2002

Public Health Acts 1936 & 1961

Registered Designs Act 1949

Road Traffic Acts 1974, 1988 and 1991

Road Traffic (Consequential Provisions) Act 1988

Road Traffic (Foreign Vehicles) Act 1972

Road Traffic Offenders Act 1988

Specified Products from China (Rest. On First Placing on Mkt) (Wales) Regulations 2008

Telecommunications Act 1984

Tobacco Advertising and Promotion Act 2002

Trade in Animals and Related Products (Wales) Regulations 2011

Trade Marks Act 1994

Unsolicited Goods & Services Acts 1971 & 1975

Vehicles (Crime) Act 2001

Video Recordings Acts 1984, 1993 and 2010

Weights & Measures Acts 1976 and 1985

Welfare of Animals at Slaughter Act 1991

Climate Change Act, 2008

Gaming Act, 1968

Gambling Act, 2005

House to House Collections Act, 1939

Hypnotism Act, 1952

Licensing Act, 2003

Live Music Act, 2012

Lotteries Act, 1975

Lotteries and Amusements Act, 1976

Mobile Homes Act, 1983

Mobile Homes (Wales) Act, 2013

Performing Animals (Regulation) Act, 1925

Police, Factories etc. (Miscellaneous Provisions) Act, 1916

Police Reform and Social Responsibility Act, 2011

Public Health Act, 1875

Public Health (Wales) Act 2017

Scrap Metal Dealers Act, 2013

Single Use Carrier Bags Charge (Wales) Regulations, 2010

Smoke Free Premises etc (Wales) Regulations, 2007

Sunday Trading Act, 1994

Town Police Clauses Act 1847

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