Planning privacy notices

The Planning Services department of Elmbridge Borough Council collect information about you in order to process your request for the making of, or comments on, a tree preservation order (TPO).

We can be contacted via the online contact form.

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 may collect:

• your name, address and contact details
• any information you have included as part of your request for the making of an order, or your comment on the order, including any supporting documentation such as reports or photographs

Why we collect this information

The Town and Country Planning (Trees) Regulations 2012 requires that we shall not confirm a tree preservation order without taking into account any comments or objections made about the order.

Who we may share your information with

We may share your personal information with:

• Information will be recorded onto the joint Planning, Building Control and Land Charge database and document management system which may be accessed by staff working in these departments and staff in other departments who sometimes work on behalf of planning such as our legal department.
• Tree preservation orders must be made publicly available for viewing and your request/comments form part of the decision making process when determining if new orders should be confirmed. If a TPO is referred to a planning sub-committee, comments submitted will be published in the agenda and therefore on the website. We will aim to redact your personal information such as your telephone number, email and signature. We strongly advise you not to include information of a personal nature such as medical/financial details within your request/comment but if included we will aim to redact it.
• Tree preservation orders are shared with local land charges as they are legally required to reveal tree preservation orders in local searches under the Local Land Charges Act 1975 and Rules 1977.
• If we receive a request under the Freedom of Information Act (FOI) or Environmental Information Regulations (EIR) to disclose information relating to tree preservation orders (TPO) and representations on them, we are obliged to do so unless the information is deemed exempt under the act. We can only withhold information under FOI or EIR if the information falls under one of the exemptions (FOI) or exceptions (EIR) set out in legislation.
• If there is a challenge to the making of the tree preservation order in the High Court, all evidence relating to the making of the order may be considered by the court.

What we do with your information

Your information is used to help us to decide whether to confirm or withdraw a new tree preservation order and a summary of your comments will be included in the case officer’s report should a report be needed. Your original request/comment will be retained as this forms background evidence in the making of the order.

You will be advised of the outcome of the process and informed if the order is modified, confirmed or withdrawn.

How long we will keep your information

Your original request/comments as well as a summarised version as contained in the report, if appropriate, will be retained as part of the history of the order and will form part of the overall planning history.

All information submitted as part of making the tree preservation order is kept indefinitely as it forms part of the planning history relating to a property or parcel of land. The tree preservation order needs to be kept available to the public and needs to be revealed as part of the local land charges.

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.