As a Planning Authority, Warwick District Council is responsible for taking enforcement action that may be necessary, in the public interest, within its area. The Council has a range of enforcement powers. Some planning breaches may amount to a criminal offence.
In the course of discharging these functions we may collect information about people and activities relating to possible contraventions of planning rules. This may include personal information from individuals who report a contravention as well as information relating to the suspected or alleged contravention.
What personal data do we process?
The information we collect may include names, addresses, contact details, site visit reports, photographs, financial information, audio and video recordings and any other details concerning alleged planning contraventions.
Local authorities have a discretion to take enforcement action in relation to breaches of planning control (Town and Country Planning Act 1990). Local authorities also have a range of investigative powers for planning enforcement purposes.
The information that we collect is processed for
- the fulfilment of the tasks that we carry out in the public interest and/or
- the exercise of our official authority as a local planning authority and/or
- law enforcement purposes
What categories of special personal data do we process?
We may also collect details relating to an individual's health and criminal offence data where relevant and in the public interest. We may also collect other categories of special data where relevant. Special personal data is defined as information about race, ethnic origin, politics, religion, trade union membership, genetics, biometrics, health, sex life or sexual orientation.
How do we obtain this personal data?
We will usually collect this information from people who report alleged breaches of planning control to us and through our own investigations.
Local authorities have a range of investigative powers for planning enforcement purposes. In some cases, the Council will instruct third parties to assist with the investigation. The Council will take appropriate steps to gather information using its investigative powers. This may include the use of the latest technology including drones or other equipment to investigate a planning breach. We will endeavour to minimise collection of personal data to what is necessary.
What do we do with this personal data?
We will use information provided to us as part of our planning enforcement investigations which we conduct in accordance with the procedure set out in the Enforcement Policy.
How do we share this personal data?
The Council retains a register of enforcement notices issued that is available for public inspection.
Enforcement investigation files are not publicly available and are treated confidentially. Any personal information relating to the notifier of an alleged breach will not be disclosed or shared publicly.
During the course of our investigations we may, however, share information with external agencies including the Environment Agency, the Police and Warwickshire County Council where it is lawful to do so. Similarly, we may also share information with other services within the Council, our external legal advisors, courts and tribunals.
Any individuals who have notified the Council of an alleged breach of planning control will be updated as the investigation progresses with relevant information.
How long do we keep your personal data?
Records are kept wherever possible in accordance with the Council’s retention policy.
Your rights
You are entitled to request a copy of any information that we hold about you. We request that you make any such requests in writing. If the information we hold about you is inaccurate you have a right to have this corrected and you have the right to request completion of incomplete data.
You have the right to request that we stop, or restrict the processing of your personal data, in certain circumstances. Where possible we will seek to comply with your request, but we may be required to hold or process information to perform our statutory functions.