Planning and Environment

In order to comply with the UK General Data Protection Regulation (UK GDPR), where personal data relating to a data subject is collected, Lancashire County Council would like to provide you with the following details.

Identity and contact details of the data controller

Lancashire County Council, PO Box 78 County Hall, Fishergate, Preston, Lancashire, PR1 8XJ

Contact details of the data protection officer

Our Data Protection Officer is Paul Bond. You can contact him at dpo@lancashire.gov.uk or Lancashire County Council, PO Box 78 County Hall, Fishergate, Preston, Lancashire, PR1 8XJ

Purposes for processing

To facilitate public engagement and consultations on planning, transport and environmental projects and policy matters.
To undertake statutory development management decision making
To investigate complaints relating to public rights of way, minerals and waste sites or the County Councils own developments
To maintain a database of historical records
To maintain a database of biological heritage sites, and other ecological information
To maintain a database of volunteers for countryside services

Category of personal data being processed

Personal data (information relating to a living, identifiable individual)

Legal basis for processing personal data

The legal basis for processing your personal data, in accordance with the UK GDPR is:

(e) Public Task: the processing is necessary for you to perform a task in the public interest or for your official functions, and the task or function has a clear basis in law. You must reference the applicable task/function and its' basis in law if you wish to rely on this basis for processing.

Where Lancashire County Council relies on UK GDPR Article 6 (1) (e) it does so by virtue of the following legislation:

Planning and Compulsory Purchase Act 2004

Transport Act 2020

Highways Act 19800

Town and Country Planning Act: The County Council is required to collect and hold this information under Articles 7, 10, 11, 18, 20, 22, 25, 27, 39 and 40 of the Town and County Planning (Development Management Procedure) Order 2015.

National Parks and Access to the Countryside Act 1949

Wildlife and Countryside Act 1981

Natural Environment and Rural Communities Act 2006

Environment Act 2021.

Countryside and Rights of Way Act 2000

National Planning Policy Framework

Highways Act 1980

Legal basis for processing special categories of personal data

The legal basis for processing your special categories of personal data, in accordance with the UK GDPR is:

N/A

Recipients of the data

Publicly available
- Personal comments, name and consultee id are published in relation to representations on planning, transport and environmental policy consultations
- Personal comments, name and address are published in relation to representations or objections to public path orders or definitive map modification orders
- A summary of comments contained in representations on a planning application, public path order, or definitive map modification order are published in the officer's committee report
- Applicants name and address and planning application information are published in relation to a submitted planning application, public path order or definitive map modification order.
- Land ownership, name and address are published on the public register of Highways Act declarations in the case of a section 31 Declaration
Planning Inspectorate
- Personal comments, name and consultee id, and applicants name and address, are shared with the Planning Inspectorate in the event of a planning application appeal, and public path order or definitive map modification order (including full comment and name and address), and a local plan examination
Applicant
- Full comments contained in representations on a planning application will be shared with an applicant in the event of a planning appeal
3^rd party consultants
- In relation to providing specialist advice on policy development or development management decision making comments and names and addresses may be shared under strict terms controlled by contract
BHS Partnership
- Landowner ownership boundaries, name and address may be shared within the Partnership (Natural England, Lancashire Wildlife Trust, and Lancashire County Council) to enable other members to contact BHS landowners with land access requests for surveying purposes or other landowner engagement.
Transport Survey Providers
- Contracted to collect or process video footage, names and addresses or vehicle number plates.

Information we process and share

Information we share is set out above under 'recipients of the data'.

Information we process

Countryside Service Volunteer Database

Name, address, email, phone number
Payment details

Public rights of way notifications

Name and address

Development Management

Name, address, email, personal comments

Complaints/Enforcement

Name, address, personal comments

Transport surveys

Video footage, name and address, vehicle number plate, pseudonymised MAC addresses.

Public rights of way diversions, closures, or modifications to the definitive map

Name, address, personal comments

Landowner deposits s31/s15a

Name, address, land holding

Planning, transport and environmental policy and projects consultations

Name, address, email, consultee id, personal comments

Historic and environmental records database and queries

Name, address, email, payment details, land ownership within listed site

Any transfers to another country

Yes, video footage and pseudonymised MAC addresses may be processed by a company based in Canada.

Retention periods

Lancashire County Council will only store your information for as long as is legally required or in situations where there is no legal retention period they will follow established best practice.

File type	Description	Security	Retention period
General email query	May include name, personal comments, address	Password protected Restricted to authorised users.	Automatically deleted 1 year from the date received
Public Rights of Way reports, complaints, challenges and specific queries	May include name, personal comments, contact details	Restricted to authorised users.	Deleted when the corresponding public right of way no longer exists and the path-file deleted
Planning enforcement complaint	Name, address, personal comments	Password protected Restricted to authorised users.	1 year after complaint resolved
Database of consultation responses for planning, transport and environmental policy and project consultations	Personal comments, name, address, email, consultee identification number	Password protected Restricted to authorised users	Original response held for duration of project and 12 months after (extended for 12 months if decision called in/appeal. Summary response published in Consultation Outcomes Report where relevant, and held in perpetuity.
Database of contact details for consultation/ notification purposes for planning, transport and environmental policy and project consultations	Individuals/organisations can self register, or request to be added to the database. Name, address, email, consultee identification number	Encryption used when emailing personal data to authorised 3^rd parties. Password protected Restricted to authorised users	Reviewed every 5 years, with email sent to all seeking renewed consent to hold information.
Transport survey data	Video footage, name and address, vehicle number plate, pseudonymised MAC address data	Restricted to authorised users	Held by LCC - Reviewed after 2 years to assess ongoing business need. Held by Transport Survey Provider – 1 year.
Planning application details	Name, address and telephone number, and personal comments contained in planning application forms and other supporting information, and representations made in response to consultation	Password protected Restricted to authorised users	Planning permission and approved plans are transferred to part II of the planning register upon a decision on the application being made. These records are then retained in perpetuity. The rest are deleted.
Pubic rights of way diversion, closure, modification	Name, contact details and comments	Restricted to authorised users	Until the associated public right of way ceases to exist and the path-file deleted
Landowner deposits S31/S15A	Name, contact details and land holdings	Restricted to authorised users	Perpetually (statutory reasons)
Historic environment database record	Name and address and contact details of person submitting record	Password protected Restricted to authorised users	Until site delisted
Request to access historic record data	Name and address Invoice payment details?	Password protected Restricted to authorised users	Until request completed
Countyside service volunteer contact database	Name, address, telephone number, payment details	Password protected Restricted to authorised users	Duration of volunteer commitment

Your rights

You have certain rights under the UK General Data Protection Regulation (UK GDPR), these are the rights:

to be informed via Privacy Notices such as this.
to withdraw your consent. If we are relying on your consent to process your data then you can remove this at any point.
of access to any personal information the council holds about yourself. To request a copy of this information you must make a subject access request in writing. You are entitled to receive a copy of your personal data within 1 calendar month of our receipt of your subject access request. If your request is complex then we can extend this period by a further two months, if we need to do this we will contact you. You can request a subject access request, either via a letter or via an email to Information Governance Team, address below.
of rectification, we must correct inaccurate or incomplete data within one month.
to erasure. You have the right to have your personal data erased and to prevent processing unless we have a legal obligation to process your personal information.
to restrict processing. You have the right to suppress processing. We can retain just enough information about you to ensure that the restriction is respected in future.
to data portability. We can provide you with your personal data in a structured, commonly used, machine readable form when asked.
to object. You can object to your personal data being used for profiling, direct marketing or research purposes.
in relation to automated decision making and profiling, to reduce the risk that a potentially damaging decision is taken without human intervention.

If you want to exercise any of these rights then you can do so by contacting:

Information Governance Team
Lancashire County Council
PO Box 78
County Hall
Preston
PR1 8XJ

Email: dpo@lancashire.gov.uk

To ensure that we can deal with your request as efficiently as possible you will need to include your current name and address, proof of identity (a copy of your driving licence, passport or two different utility bills that display your name and address), as much detail as possible regarding your request so that we can identify any information we may hold about you, this may include your previous name and address, date of birth and what council service you were involved with.

Further information

If you would like more information about this specific project then please contact

GBSgeneral@lancashire.gov.uk

For more information about how we use personal information see Lancashire County Council's full privacy notice.

If you wish to raise a complaint on how we have handled your personal data, you can contact the Information Governance team who will investigate the matter.

Lancashire County Council, PO Box 78 County Hall, Fishergate, Preston, Lancashire, PR1 8XJ or email: dataprotection@lancashire.gov.uk

If you are not satisfied with our response or believe we are processing your personal data not in accordance with the law you can complain to the Information Commissioner’s Office (ICO).