Development Management, Planning Enforcement and Planning Policy Privacy Notice

This notice explains how Worcester City Council uses personal data when undertaking its Development Management, Planning Enforcement and Planning Policy duties. It also explains when documents may be published on the Council’s website as part of statutory planning processes.

Development Management

This covers planning applications and related matters, including certificates of lawfulness, approval of conditions, amendments, listed building consents, works to trees, pre-application advice, appeals, monitoring and legal agreements. Application forms, plans, supporting documents, officer reports, decisions and comments may be published on the Council’s website. Personal information not needed for the planning process, such as signatures, telephone numbers, email addresses and unnecessary sensitive information, will normally be redacted before publication.

Pre-application enquiries are treated confidentially and are not routinely published. Information may only be disclosed where required by law, including under the Freedom of Information Act 2000 or Environmental Information Regulations 2004.

Planning Enforcement

This covers the investigation of alleged breaches of planning control, monitoring, evidence gathering, enforcement action, appeals and legal proceedings. Enforcement complaints are treated as confidential so far as possible. Personal data will not normally be shared with third parties unless disclosure is required by law or is necessary to investigate an alleged breach of planning control, progress an appeal, or for legal proceedings.

Planning Policy

This covers preparing, consulting on, examining, adopting and monitoring planning policy documents. Consultation material, evidence, representations, examination documents, adopted policy documents and monitoring reports may be published on the Council’s website. Personal contact details, signatures and unnecessary sensitive information will normally be redacted unless publication is required by law or needed for the planning process.

Categories of personal data we collect

• Name
• Address
• Contact details, including telephone number and email address
• Planning application, pre-application, appeal, enforcement complaint, consultation response and representation details
• Property, land ownership, site and location information
• Agent, applicant, complainant, consultee, interested party, policy consultee and respondent details
• Self-Build and Custom Housebuilding Register details, where applicable
• Signatures, where required for consultation, petition, representation or register purposes
• Financial information where required for fees, payments, legal agreements, enforcement cost recovery or related planning charges
• Documents, plans, photographs, correspondence, consultation submissions and other information submitted to or generated by the service

Special Category and Criminal Offence data we collect

We do not routinely require special category or criminal offence data for Development Management, Planning Enforcement or Planning Policy.

• Racial or ethnic origin information may be collected where required for the Self Build and Custom Housebuilding Register.
• Information about health, disability or other protected characteristics may occasionally be provided by individuals where they consider it relevant to a planning application, planning representation, accessibility matter, enforcement issue or policy consultation.
• If special category or criminal offence data is provided to us, we will only use it where it is relevant, necessary and proportionate for the statutory planning purpose, legal process or substantial public interest task involved.

Consequences of failing to provide personal data

If you do not provide the required personal data, it may delay or prevent us from processing your planning application, pre-application request, appeal, representation, enforcement complaint, policy consultation response, Self Build and Custom Housebuilding Register request or other planning service request. Where information is required by law or is necessary for a statutory planning process, we may be unable to provide the service, validate a submission, consider a representation or maintain a register entry without it.

Data Controller and Processors

The Data Controller is Worcester City Council. 

The Data Protection Officer for Worcester City Council can be contacted at This email address is being protected from spambots. You need JavaScript enabled to view it.  

Where relevant, our data processors and service providers support these services, including planning case management, consultation portal and document management system providers, online form and payment providers, and the Planning Portal where applications are submitted electronically. We require processors to process personal data only on our instructions, keep it secure and comply with data protection law.

Purpose of Processing 

We process personal data for the following purposes:

• Development Management: to administer and determine planning applications and related submissions, manage appeals and legal agreements, monitor development and publish information where required for the planning process.
• Planning Enforcement: to investigate alleged breaches of planning control, determine whether enforcement action is necessary, and manage enforcement notices, appeals, prosecutions and related legal proceedings.
• Planning Policy: to prepare, consult on, examine, adopt, monitor and review planning policy documents, manage consultation responses and the Self Build and Custom Housebuilding Register, and work with partner authorities on planning policy matters.

Lawful basis for processing personal data

The lawful bases we rely on are:

• Article 6(1)(c) - Legal obligation. Processing is necessary where the Council must comply with a legal obligation
• Article 6(1)(e) - Public task / official authority. Processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the Council. This is the main lawful basis for most planning functions
• Article 6(1)(a) - Consent may apply only to optional communications, such as receiving planning policy consultation notifications where this is not required for a statutory process. Where consent is relied on for processing data it can be withdrawn at any time.

Relevant legislation includes, where applicable:

• The Town and Country Planning Act 1990
• The Planning Act 2008
• The Planning and Compulsory Purchase Act 2004
• The Planning (Listed Buildings and Conservation Areas) Act 1990
• The Town and Country Planning (Environmental Impact Assessment) Regulations 2017
• The Town and Country Planning (Local Planning) (England) Regulations 2012
• The Self-build and Custom Housebuilding Act 2015
• The Housing and Planning Act 2016
• The Localism Act 2011
• The Highways Act 1980
• The Environment Act 1995
• The Environmental Protection Act 1990
• The Wildlife and Countryside Act 1981
• The Countryside and Rights of Way Act 2000
• The Local Government Act 1972
• The Local Government Act 2000

and related planning legislation and regulations.

Lawful basis for processing special category data

• Article 9(2)(f) - Legal claims. Processing is necessary where relevant for the establishment, exercise or defence of legal claims, including planning appeals, enforcement proceedings, local plan examinations or related litigation.
• Article 9(2)(g) - Substantial public interest. Processing is necessary for reasons of substantial public interest, supported by UK law and relevant Schedule 1 conditions under the Data Protection Act 2018.
• Schedule 1, Part 2, Paragraph 6 of the Data Protection Act 2018 - Statutory and government purposes. Where Article 9(2)(g) applies, processing is necessary for the exercise of the Council's statutory functions and powers in relation to planning and planning enforcement.

Where required by the Data Protection Act 2018, the Council will maintain an appropriate policy document and keep records of how special category data is processed.

Lawful basis for processing criminal offence data

The Council does not routinely collect criminal offence data. However, where such information is provided or becomes relevant to planning enforcement activities, prosecutions, appeals, or related legal matters, it may be processed under Article 10 of the UK GDPR. Processing will only take place where it is carried out under the control of official authority or is otherwise authorised by law, and where the relevant condition in Schedule 1, Part 2, Paragraph 6 of the Data Protection Act 2018 (Statutory and Government Purposes) is met.

Source of data

Individuals involved in planning matters, including applicants, agents, landowners, complainants, consultees and respondents.

Information submitted through planning applications, appeals, enforcement complaints, consultations, correspondence and related documentsm

Information from the Planning Portal, public authorities, statutory consultees, public registers and publicly available sources.

Who we share the information with

We may share personal information where necessary with:

• Statutory consultees and other organisations involved in the planning process.
• The Planning Inspectorate, courts, tribunals and other bodies involved in appeals, examinations or legal proceedings.
• Government departments, public bodies, regulators, auditors and enforcement agencies where required by law or necessary for our statutory functions.
• Malvern Hills District Council and Wychavon District Council in connection with joint planning policy work, including the South Worcestershire Development Plan.
• Service providers acting on our behalf, including software, document management, payment and consultation system providers.

Planning enforcement complaints are treated confidentially so far as possible. However, information may be shared where necessary to investigate alleged breaches of planning control, take enforcement action, or where disclosure is required by law or for legal proceedings.

Planning Enforcement Appeals

Please note that planning enforcement appeals are public. Information submitted as part of an appeal, including representations and decisions, is required to be shared with interested parties and may be published and made publicly available in line with planning legislation and the policies and procedures of the Planning Inspectorate.

Details of data transfers outside the UK and safeguards in place

We do not routinely transfer personal data outside the UK. Where a processor or system provider transfers personal data outside the UK, we will ensure that appropriate safeguards are in place, such as UK adequacy regulations, the UK International Data Transfer Agreement, the UK Addendum to EU Standard Contractual Clauses, or another lawful transfer mechanism.

Automated decision-making

We do not carry out automated decision-making or profiling in relation to this processing.

How long we hold your information

Planning records will be retained in accordance with the Council's retention schedule, which sets retention periods for planning applications, appeals, enforcement matters, planning policy records, the Self Build and Custom Housebuilding Register and related information, the majority of which are required to be retained permanently as a matter of public planning record. Information will be securely deleted or destroyed when it is no longer required.

Your rights

You have rights under UK GDPR, including the right to:

• access your personal information
• ask us to correct incorrect or incomplete information
• ask for your information to be deleted (in certain circumstances)
• restrict how your information is used
• object to certain uses of your information
• request your information in a commonly used format (data portability)
• understand and challenge automated decisions and profiling.

We may not always be able to agree to a request if the law requires us to keep or use your information, if the information forms part of a statutory public register, if it is needed for legal proceedings, or if another exemption applies. We will explain our decision when responding to your request.

Individual’s right to withdraw consent at any time

Most Development Management, Planning Enforcement and Planning Policy processing is carried out under legal obligations or public task powers and does not rely on consent.

Where we do rely on consent, such as for optional planning policy consultation notifications, you may withdraw your consent at any time.

If you withdraw consent, we may still need to retain and use information already provided where required for statutory planning functions, legal obligations, examinations, audits or legal proceedings.

Complaints and further information

If you have questions or concerns about how your information is used, please contact the Data Protection Officer:

Email:        This email address is being protected from spambots. You need JavaScript enabled to view it. 
Phone:      01905 722233

Postal address:  

Data Protection Officer
Worcester City Council
The Guildhall
High Street
Worcester
WR1 2EY

If you remain dissatisfied, you have the right to complain to the Information Commissioner’s Office (ICO):

Website:   https://www.ico.org.uk 

Phone:      0303 123 1113

Postal address:   

Information Commissioner's Office,
Wycliffe House,
Water Lane,
Wilmslow,
Cheshire,
SK9 5AF

Changes to this notice

We may update this privacy notice from time to time. The latest version will always be available on our website.