Planning privacy notices

The privacy notice below explains how we use information about you and how we protect your privacy in relation to this service.

Any concerns or questions about the Community Infrastructure Levy (CIL) or Section 106 (S106) process need to be raised with the CIL officer by email cil@elmbridge.gov.uk or telephone 01372 474474.

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

The information we may collect

We will collect basic personal information about you which includes your:

• name
• address
• telephone number
• email address
• agent details
• bank details

Together with information you have given us and information that we receive from third parties, for example landlords.

If you apply for an exemption or relief from CIL, then further personal information may be required to be collected and retained in order to grant the relief/exemption, such as utility bills, bank statements, mortgage details and insurance details.

We may also need to collect visual images (site photos) and financial details (associated with payment of fees and evidence documents).

When you contact the CIL team by phone, email or post, in order to deal with any service related matter you raise or wish to comment on, we may 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 retained 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.

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.

For further information on your rights as a data subject please visit our corporate privacy notice.

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).

Why we need it

We use your personal information in order to deal with CIL and S106 related matters such as the determination of CIL liabilities, checking previous reliefs/exemptions granted to ascertain eligibility, answer queries on land searches and populating the Local Land Charges Register.

What we do with it

Your personal information may be shared with our other services in order to ensure our records are accurate and up-to-date, and to improve the standard of the services we deliver. We are careful to minimise such sharing; whenever we share your information we do everything we can to make sure it is protected. We will only use your information in ways which are permitted by the General Data Protection Regulations and the current UK data protection law.

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.

We 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 CIL or S106 agreement are also required to be recorded on the Local Land Charges Register. We 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 or S106 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 site edged red of the planning application/permission. Your agent (if applicable) may also receive a copy unless you have expressly requested that they do not.

All CIL or S106 notices will also be published as part of the relevant planning application in our online planning register.  Personal details such as your telephone number, email address and signature will be removed but your name and address will form part of the statutory planning register which is available publicly. 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.

To make our data protection more robust this CIL and S106 privacy notice was created and is effective from 5 October 2021. CIL or S106 notices submitted prior to this are published according to the development management privacy notice (now archived).

Your rights

You do have some legal rights in respect of the personal information we collect from you. Please see our corporate privacy notice for further details.

You can also contact our Data Protection Officer by email at dataprotection@elmbridge.gov.uk. 

If you have a concern about the way we are collecting or using your personal data, you should raise your concern with us in the first instance or directly to the Information Commissioner’s Office (ICO), see Information Commissioner's Office: Make a complaint.