Privacy Notice - Planning Enforcement

South Hams District Council takes your privacy seriously.

This notice sets out how we will deal with your personal information in relation to a suspected breach of planning control.


Processing your information

We are processing your information in relation to a reported breach of planning control and in accordance with the Town and County Planning Act 1990. Other national planning legislation that is of particular relevance to Planning Enforcement includes the following:

  • The Town and Country Planning (General Permitted Development) (England) Order 2015 sets out what can be done under 'permitted development rights' i.e. without requiring specific planning permission from the Council.
  • The Town and Country Planning (Control of Advertisements) Regulations 2007 (as amended) sets out which advertisements benefit from deemed consent i.e. those advertisements which can be displayed without requiring express consent from the Council.
  • The Town and Country Planning (Use Classes) Order 1987 (as amended) sets out the various categories that different uses of land fall into and what comprises a material change of use requiring planning permission.
  • Planning (Listed Buildings and Conservation Areas) Act 1990 sets out the regards a Local Planning Authority must have to preserving or enhancing the character and appearance of listed buildings and conservation areas

Purpose of Processing

Your information will be used by the Council to record breaches of planning control in order to carry out our investigations. We will require your name, address and contact details in order to record a breach. This is a statutory requirement, but your information will remain confidential within the enforcement and legal teams and not held in the public domain in the same way as a planning application.

Your information could also be used to contact you regarding the application for the following reasons:

  1. Acknowledging your query/alleged breach
  2. Providing updates
  3. Asking for further information

Data Controller

The Data Controller for your information is:

South Hams District Council
Follaton House
Plymouth Road
Totnes
TQ9 5NE


Data Processor

The Data Processor for your information is:

South Hams District Council
Follaton House
Plymouth Road
Totnes
TQ9 5NE


Data Protection Officer

The Councils have a duty to appoint a Data Protection Officer. The Council's Data Protection Officer is Drew Powell, South Hams District Council, Follaton House, Plymouth Road, Totnes, Devon TQ9 5NE

If you have any queries about our privacy notices or would like to exercise your data rights or make a complaint, please contact the Data Protection Officer by email, telephoning 01803 861234 or writing to them at Data Protection Officer, South Hams District Council, Follaton House, Plymouth Road, Totnes, Devon TQ9 5NE

If you are not happy with how we have handled your complaint, you have the right to contact the Information Commissioner's Office to raise your concerns about how we have processed your information or how we have responded to your request to exercise any of your rights in relation to your information:

  • Telephone them on 0303 123 1113
  • Visit their website at www.ico.org.uk/concerns
  • Write to them at:
    Information Commissioner's Office
    Wycliffe House
    Water Lane
    Wilmslow
    Cheshire
    SK9 5AF