Privacy Notice - CIL and S.106 Agreements
Your Personal Data
Who we are
We are Chorley Council and your privacy is important to us. We aim for full transparency on how we gather, use, and share your personal information in accordance with the General Data Protection Regulation. If you have any concerns about how the Council is handling your personal data, these can be raised with the Council's Data Protection Officer:
We keep our privacy notice under regular review and we will place an updated version on this page. This will help ensure that you are always aware of what information we collect and how we use it.
Lawful basis for collecting your personal data
Our lawful basis for processing your personal data under Article 6(1) of the UK GDPR is:
· Public task: the processing is necessary for the performance a task in the public interest or for the exercise of official authority.
How the law allows us to use your personal information
The lawful basis that we are processing your information is Article 6(1)(e) to perform a specific task in the public interest that is set out in the law. The law in this case is the Community Infrastructure Levy Regulations 2010 (as amended) and Section 106 of the Town and Country Planning Act 1990 (as amended).
What we need
We will collect basic personal data about you which includes your name, address, telephone number, email, agent details etc. together with information you have given us and information that we receive from third parties e.g. landlords.
If you are granted an exemption or relief from CIL, then further personal information may be required to be collected and stored in order to grant said relief/exemption, such as utility bills, bank statements, mortgage details, insurance details etc.
We may also collect visual images (site photos) and financial details (associated with payment of fees and evidence documents)
When you contact Planning Obligations Services by phone, email or post, in order to deal with any service related matter you raise or wish to comment on we will ask you for certain personal information in order to be able to assist with your enquiry or comment. This information will need to be recorded and stored on our systems.
Property Ownership information is sought in some instances from the Land Registry where required to serve Notices in order to ascertain and confirm liable parties.
Why we need it
The Council uses your personal information in order to deal with planning obligations related matters such as the determination of CIL Liabilities, checking previous reliefs and exemptions granted to ascertain eligibility, answer queries on land searches, populate the Local Land Charges register, and to check for discharge of S106 related obligations. We will also use your personal information in order to consult with you on planning applications and to consult you on or notify or inform you of planning obligation related matters under the Community Infrastructure Levy Regulations 2010 (as amended), the Planning Act 2008 (as amended), the Planning and Compulsory Purchase Act 2004 (as amended), the Town and Country Planning Act 1990 (as amended), the Town and Country Planning (Listed Building and Conservation Areas) Act 1990 (as amended), the Town and Country Planning (Control of Advertisements) (England) 2007 (as amended) (and other associated planning legislation). The processing of your information is necessary for compliance with the legal obligations contained within these Acts.
What we do with it
Your personal information will be treated as confidential but it may be shared with other Council services in order to ensure our records are accurate and up-to-date, and to improve the standard of the services we deliver. We will only use your information in ways which are permitted by the General Data Protection Regulation and the current UK Data Protection law. We have a Data Protection regime in place to oversee the effective and secure processing of your personal data.
More information on this framework can be found on our website at www.chorley.gov.uk This authority has a duty to protect the public funds it administers and may use information held about you for all lawful purposes, including but not limited to the prevention and detection of crime including fraud and money laundering.
The Council may also use your information for the purpose of performing any of its statutory enforcement duties. It will make any disclosures required by law and may also share your information with other bodies responsible for detecting/preventing crime including fraud or auditing/administering public funds.
Any obligations required on a development under either CIL or S016 are also required to be recorded on the Local Land Charges Register. The Council may use your information for the purpose of performing any disclosures required by law to persons requesting a search on the Local Land Charges Register.
Additionally, any CIL Notices issued bearing your name and address will also be copied to any other persons who have a material interest in the land contained within the red edge of the planning application/permission. Your agent (if applicable) will also receive a copy unless you have expressly requested that they do not.
There is also information about your computer hardware and software that is automatically collected by Chorley Council. This information can include: your IP address, browser type, domain names, access times and referring Web site addresses. This information is used by Chorley Council for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of the Chorley Council Web site.
Where necessary and applicable, your information may be shared with external bodies such as the Planning Inspectorate and the courts. We will not disclose your personal information to third parties for marketing purposes.
What are your rights
You have the right to:
• request a copy of your information (known as a subject access request)
• request rectification or erasure of your information,
• request a restriction on the processing of your information, and,
• object to processing of your information,
• complain to the Information Commissioner's Office about the way the Council processes your information.
• set your browser to remove or reject cookies before using Chorley Council website
If you require further information about the use of your data or would like to exercise any of the above rights, please contact: Data Protection Officer, Chorley Council, Town Hall, Market Street, Chorley, Lancashire, PR7 1DP
Transferring information overseas
In certain circumstances we may transfer your information to organisations in other countries on the basis that anyone to whom we pass it protects it in the same way we would and in accordance with applicable laws.
Chorley Council does not process your information with third countries outside of the UK or EU zone without the safeguards being in place that are the equivalent to the UK Data Protection legislation or the General Data Protection Regulations (GDPR).
How long we keep your information
We will keep your information for as long as it is required by us or other regulatory bodies in order to comply with legal and regulatory requirements or for other operational reasons.
Planning Applications and associated documents, including those in relation to S106 agreements and CIL, are held as a public register as required by the Development Management Procedure Order 2015. The register must be kept indefinitely and is stored in our secure document management systems. This register is also published on our website. Personal details such as your telephone number and email address will be removed but your name and address, and any other information as required to be published by statute or legislation will form part of the statutory planning register.
Chorley Council encourages you to review the privacy statements of Web sites you choose to link to from Chorley Council so that you can understand how those Web sites collect, use and share your information. Chorley Council is not responsible for the privacy statements or other content on Web sites outside of the Chorley Council family of Web sites.
For more information, please refer to our Cookies page Cookies
Updated: January 2024