Who will control my data?
Comhairle nan Eilean Siar is registered as a data controller with the Information Commissioner’s Office (registration number Z7313689) and have published a Privacy, Personal Data and Website Security notice
There is something I don’t understand
If you need help in understanding any of the information below, please contact the Planning Service by email at planning@cne-siar.gov.uk or on telephone number 01851 822690 or 01870 604990.
Why we are processing your information
All representations received in respect of applications made to Comhairle nan Eilean Siar as Planning Authority will be processed in accordance with the provisions of the Town and Country Planning (Scotland) Act 1997, Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 or the Planning (Hazardous Substances) (Scotland) Act 1997 (as amended) and their related regulations.
What will your information be used for?
Your information will be used by Comhairle nan Eilean Siar, acting in its capacity as a Planning Authority, in the process of determining the relevant application or notification for Planning Permission, Listed Building Consent or Hazardous Substances Consent.
On-line Planning Portal – each application is assigned a reference number and is hosted for public viewing on the Comhairle nan Eilean Siar - On-line Planning Portal.
Representations comments may be made, through the Comhairle nan Eilean Siar - On-line Planning Portal, during the statutory consultation period, (following registration and log-in) on the Comments/Make a Comment tab.
Data processing - personal data and the content of any representation received will be held in our internal planning casework system. It will also be collated, together with all other representations received, within a document held securely on the relevant case file. Personal data will be used only by officers employed in the Planning Service of Comhairle nan Eilean Siar in the course of analysing and assessing representations for their planning merit. Note: while we will hold the personal details submitted with any representation within our internal planning system, personal details such as email address, signature and any contact numbers, will be held as sensitive and not available for public viewing. Postal addresses may be relevant to the task of assessing an application for development (e.g. impact on neighbour amenity) and in the public interest will not be held as sensitive. Data will only be processed for lawful purposes (see below).
Data displayed - Online Planning Portal – Comments tab - Your name, the date your representation was added to the case file and whether comments are in support, neutral or in objection to the proposal will appear on the Comments/Public Comments tab. If comments are submitted during the statutory consultation period by other means, these will appear on the Comments/Public Comments tab on the date they were manually added to the casefile. The Comments/Public Comments tab allows contributors to check that a representation has been received. The Comments/Public Comments tab will not display postal addresses, personal email addresses, signatures, contact numbers or the details of a representation.
Data displayed - Online Planning Portal – Documents tab – a document containing the details of each representation received (sensitive or inappropriate content redacted) together with part of the contributor’s address (the postcode, as a minimum) may be shared with the applicant (to allow them to consider matters raised through public contribution) and may be published on the Planning Portal – Documents tab, shortly after expiry of the public consultation period (in the interests of transparency). A Report on Handling or Committee Report in respect of the application will contain reference to representations and part of your postal address (your postcode as a minimum) may be published on the Planning Portal – Documents tab.
Data displayed - Online Comhairle nan Eilean Siar Council Committees - Committee Reports will be published online under the relevant committee agenda.
Personal information could also be used to contact you for the following reasons:
- If the application is withdrawn
- If the application is revised
- When a decision is made
- If the application is being reported to a committee
Who else will we share your information with?
We will only use information in conjunction with the processing of an application for Planning Permission, Listed Building Consent or Hazardous Substances consent. Planning is an open and public process and information held on a planning case file (excluding personal contact numbers, email address and signatures) can, on request, be made available for public viewing at the relevant Office of Comhairle nan Eilean Siar.
In the event of the application being reported to a meeting of the Planning Applications Board or Comhairle nan Eilean Siar, or subject to a request for a Local Review Board hearing of a Planning Decision, aspects of personal data, i.e. your postal address or part thereof, relevant to the making of a planning decision may be shared with the Council Committee or Local Review Board administrators.
In the event of an appeal being made by the applicant, your personal data and the content of any representation received will be shared securely with the Scottish Government, Department of Planning and Environmental Appeals, in accordance with the provisions of the relevant Act and their related regulations.
How will we look after your data?
Information Security
Access to your information will only be made available to authorised members of staff who are required to process it for the purposes outlined in this privacy notice. Please note that anyone who has access to the internet can view a planning application online, even if they have not registered as a user.
Accuracy of your information
We will process the information given at the time of representation. If your information is not accurate then you can let us know by email at planning@cne-siar.gov.uk or by telephone on 01851 822690 or 01870 604990. Alternatively, if you registered to submit a comment online, you will be able to manage your information yourself.
Why do you need my information?
Lawfulness of processing - Article 6(1)(e) of the UK GDPR -use for the performance of a task in the public interest
Your name, postal address or email address is required to correspond with you. Your name and postal address are required to treat your representation as a genuine public contribution to the application being determined and in turn consider the terms of the representation for its planning merit. The lawful basis for the processing of personal data is in terms of Article 6(1)(e) (performance of a task carried out in the public interest or in the exercise of official authority). You have submitted a written representation to an application in the knowledge that we will hold and process your personal data lawfully and only for the purpose of determining the relevant application.