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Privacy Statement

Purpose of this privacy notice

We are committed to ensuring that the personal data of our customers is handled in accordance with the principles set out in data protection laws.

This privacy notice reflects the requirements of the UK General Data Protection Regulation (GDPR) and Data Protection Act 2018 and covers all types of casework handled by Planning and Environment Decisions Wales.{" "}

It informs you about:

The PEDW Portal handles a range of casework (as documented in Annex A).{" "}

It also provides information about our processing of personal information when dealing with complaints.{" "}

This Privacy Notice may be updated and/or re-issued at any time, and we will provide you with notice of any such updates via the GOV.Wales and PEDW websites.{" "}

At our discretion, we may notify you by providing a ‘just in time’ notice to cover any additional processing activities not mentioned in this document.{" "}

Personal Data Definition

The UKGDPR and Data Protection Act 2018 applies to the processing of personal data relating to an individual (data subject) who is the identified or identifiable person to whom the personal data relates:

It does not include:

There are “special categories” of personal data (SCD) (this was known as “sensitive personal data” in previous data protection law), these are more sensitive in nature and require specific handling under the legislation.

Policy commitment to openness and transparency

One of the fundamental values of Planning and Environment Decisions Wales is its commitment to openness and transparency in respect of our statutory role processing and deciding planning and all other related casework.{" "}

In many instances in particular planning processes there are obligations that require us to share the information that we receive, and in some instances for this to be made publicly available. We apply a general presumption in favour of disclosure, but individual decisions will take into account the statutory obligations on us, including under data protection legislation.

Data Controllers

The Welsh Government (WG) is the Data Controller for data protection purposes (Planning and Environment Decisions Wales is a division of WG). The address for WG is; Welsh Government, Cathays Park, Cardiff, CF10 3NQ.

Planning and Environment Decisions Wales is responsible for deciding how we collect, store, and process your personal information. This Privacy Notice explains in plain English how we collect, use, and share your data.

Planning and Environment Decisions Wales have appointed a Senior Data Protection Manager to oversee our compliance with data protection legislation. If you have any questions about this Privacy Notice or on how we handle your personal information, or believe we have not complied with your rights as a data subject, please contact the Senior Data Protection Manager (SDPM):

By email to *** or;

In writing addressed to the Senior Data Protection Manager (SDPM) at: Temple Quay House 2 The Square Temple Quay Bristol BS1 6PN

WG’s Data Protection Officer (DPO) formally oversees data protection compliance for Planning and Environment Decisions Wales. You may also contact the WG DPO:

How to make a complaint about the processing of your personal information{" "}

When we process your personal information, we will comply with the Data Protection Legislation/Regulations.{" "}

If you believe we have not complied with your rights as a data subject, or our obligations, and you are you are unhappy with the way Planning and Environment Decisions Wales processes your personal information or you have any questions about this Privacy Notice, or how we handle your personal information, please contact us at ***.

Also for independent advice about data protection matters you have the right to escalate any complaint at any time to the Information Commissioner’s Office (the UK supervisory authority for Data Protection issues) please see below for their postal address, contact telephone number and website link:

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

Telephone helpline number:{" "} 0303 123 1113 {" "}
https://ico.org.uk

1. Who are we?

Planning and Environment Decisions Wales is a division of the Welsh Government.

2. How do we collect personal information?

3. Why do we process your personal information?

The information provided to us is used to determine appeals, orders, applications and examinations.

PEDW Portal terms and conditions separately provide information about how we use personal information we may collect when and the types of personal data we may collect when carrying out our duties under the Town and Country Planning 1990 Legislation and other legislation in relation to other casework.

PEDW PORTAL

The information provided to us via the PEDW Portal is used to process Planning and Enforcement Appeals cases.

The appointed Inspector will consider the information provided in the representations and reach their decision. Their decision notice will provide the outcome for the case and their reasoning

The information we publish on the PEDW Portal

We publish summary details of cases which we process on the PEDW Portal.{" "}

Developments of National Significance Projects

For the Development of National Significance (“DNS”) under Planning (Wales) Act 2015, which amends the Town and County Planning Act 1990 (“the Act”), the Developments of National Significance (Wales) Regulations 2016 (as amended) and subsequent Regulations which requires us to:{" "}

The Information we publish online

Alternatively where our sponsor departments are responsible for making the decision on the case, the Inspector will produce a report. The Inspectors report and the representations provided to them will then be sent to our sponsor department.

4. Under what Legal Basis do we process your personal information?{" "}

It is necessary for us to process your personal information to enable us to facilitate the planning process under the Town and Country Planning 1990, the Planning and Compulsory Purchase Act 2004, the Planning Act 2008, the Planning Act Wales 2015 and various other legislations e.g. Highway Act 1980, for all Planning Inspectorate Casework

The lawful bases for processing are set out in Article 6 of the UK GDPR. Planning and Environment Decisions Wales uses the lawful basis detailed in:

Article 6(1)(a)Where the customer has given their consent for the processing of their personal data for a specified purpose.

Article 6(1)(c) For the processing of written representations and documents, the lawful basis which relates to processing that is necessary for compliance with a legal obligation to which Planning and Environment Decisions Wales is subject.

Article 6(1)(e) For the processing required for the performance of a task carried out in the public interest or in exercise of official authority vested in Planning and Environment Decisions Wales{" "}

Article 9(2)(g) For the processing of Special Category Data the lawful basis is where the processing of special categories of personal data is necessary for reasons of substantial public interest. It also relates to our public task and the safeguarding of your fundamental rights, and Schedule 1 part 2(6) of the DPA2018 which relates to statutory and government.{" "}

5. What personal data we process?

We collect and process a range of information about you including:{" "}

Special Category Data

Special category data defined at Article 9 UK GDPR as personal data is:

This does not include personal data about criminal allegations, proceedings or convictions, as separate rules apply. For further information, please see the Information Commissioners separate guidance on criminal offence data.

We may process and store special categories of more sensitive personal information relating to any individual that is voluntarily provided by you as part of all the Planning Casework Process that you wish to be considered. e.g. Medical information relating to yourself, family member and in some instances a child. The personal information provided may be held on a computer system, or in a manual record such as in a physical file.

6. What are the consequences of failing to provide information?

7. Children’s Information

Planning and Environment Decisions Wales do not provide services directly to children or proactively collect their personal information. However, we are sometimes voluntarily given information about children as part of the appeals, applications, orders & examination processes. This can include special category data provided in representations from all aspects of casework.{" "}

8. How long we keep your personal data?

We will retain our personal information only for as long as is necessary to deliver our services and to meet our legal and regulatory obligations. We maintain specific records management and retention policies and procedures, so that personal information is reviewed and deleted after a reasonable time with the following criteria:{" "}

9. Who do we share your data with?

In accordance with the statutory rules and relevant guidance. Casework representations are normally copied to:{" "}

The appointed Inspector or person will consider the information provided in the representations and reach their decision. Their decision notice will provide the outcome for the case and their reasoning for this.

Alternatively, where Welsh Ministers, other Government Departments and Organisations are responsible for making the decision on the case, the Inspector will produce a recommendation report. The Inspector’s report and the representations are provided to them.

In some circumstances, such as under a court order, we are legally obliged to share information. We may also need to share your personal information with:

We may use third party service providers to process information (see Annex B for full list) on our behalf in respect of our casework e.g. the provision of information technology services). Where we do so, contracts will be put in place to ensure that your personal information is processed only as instructed by us (unless otherwise required by law), and that appropriate measures are in place to ensure the security of information.

Additionally, we are required under the Public Records Act 1958 (as amended) to transfer records to the National Archives (TNA) for permanent preservation. Some of these records may include the personal data of our customers.{" "}

Who will have access to your data?

We are committed to doing all that we can to keep your data secure. We have set up systems and processes to prevent unauthorised access or disclosure of your data e.g. we protect your data using varying levels of encryption, and relevant access controls are in place to effectively manage and handle your personal information.{" "}

Where third party service providers are used, contracts and or licences are put in place to ensure that your personal information is processed only as instructed by us (unless otherwise required by law), and that appropriate measures are in place to ensure the security of that information.

When making an appeal/application or commenting on any of our casework, you should keep in mind that in some instances there are statutory requirements on us to make this information more widely available.{" "}

This will normally be set out in our guidance, but if you have specific queries or concerns in respect of a particular case then please contact the case officer who, if necessary, will discuss the matter with PEDW.

10. Do we use any data processors?

Yes - a list of our current data processors is provided at Annex B.

11. Your rights in relation to this processing?

Under data protection law, you have rights regarding the processing of your personal data. The rights available to you depend on our reason for processing your information. You are not required to pay any charge for exercising your rights. We have one month to respond to you.{" "}

Your rights under UK GDPR are the right:

Not all of these rights are absolute, which means that they may only apply in certain situations and may be subject to legal exceptions and exemptions.{" "}

Further information regarding your rights can be found on the ICO Website.{" "}

12. Registering for an Account for PEDW Portal

PEDW Portal users must create an account with us in order to submit appeals or any representations. Registering with us will enable you to access our full range of appeals services, including a personal homepage.{" "}

Also, the best way to comment on an existing case is to register with us first as that makes it easier to track cases and submit comments.{" "}

{/*

Guest Log in Facility on the PEDW Portal

We have a guest log in facility if you do wish to submit comments without creating an account; simply search for your case and click on the ‘Make Representation’ button.

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13. Freedom of Information (FOIs) Requests, Subject Access Requests (SARs) and Environment Information Regulations (EIRs){" "}

Planning and Environment Decisions Wales is a public body and we have a legal duty to respond to requests made under these legislations. This will sometimes mean that your personal data could be used for the purpose of responding to these requests. In the event that you are an applicant making a request for information under one of these access regimes we will use your information for the purpose of complying with such a request. This will include information for the purpose of corresponding with you and in order to send our response. If you make a request for your own personal data (subject access request) we may also require evidence to verify your identity.

14. Annex A: Types of Casework undertaken by Planning and Environment Decisions Wales{" "}

A full list of Appeals, Applications, Examinations and Orders that this Privacy Notice covers: all types of PEDW casework.

Provided/Made Available via Website & Other Means

Casework Type

Purpose of Processing

Welsh Appeals via the Appeals portal (PEDW Portal)/Email/Post/External Third Parties

Appeals

Enforcement Listed Building Notice

Welsh Appeals via the Appeals portal (PEDW Portal)/Email/Post/External Third Parties

Appeals

Enforcement Conservation Area Notice

Welsh Appeals via the Appeals portal (PEDW Portal)/Email/Post/External Third Parties

Appeals

Enforcement Notice

Welsh Appeals via the Appeals portal (PEDW Portal)/Email/Post/External Third Parties

Appeals

Enforcement Lawful Development Certificate

Welsh Appeals via the Appeals portal (PEDW Portal)/Email/Post/External Third Parties

Appeals

Planning Advert Discontinuance

Welsh Appeals via the Appeals portal (PEDW Portal)/Email/Post/External Third Parties

Appeals

Planning Advertisement Appeal

Welsh Appeals via the Appeals portal (PEDW Portal)/Email/Post/External Third Parties

Appeals

Planning Commercial Appeal Service (CAS)

Welsh Appeals via the Appeals portal (PEDW Portal)/Email/Post/External Third Parties

Appeals

Planning Householder Appeal Service (HAS)

Welsh Appeals via the Appeals portal (PEDW Portal)/Email/Post/External Third Parties

Appeals

Prior Approval

Welsh Appeals via the Appeals portal (PEDW Portal)/Email/Post/External Third Parties

Appeals

Planning Section 106 Agreement

Welsh Appeals via the Appeals portal (PEDW Portal)/Email/Post/External Third Parties

Appeals

Planning Listed Building Consent & Conservation Area Consent Appeal

Welsh Appeals via the Appeals portal (PEDW Portal)/Email/Post/External Third Parties

Appeals

Non-Validation Appeals

Welsh Appeals via the Appeals portal (PEDW Portal)/Email/Post/External Third Parties

Applications made during PEDW processing

Costs Decisions

Welsh Appeals via the Appeals portal (PEDW Portal)/Email/Post/External Third Parties

Appeals

Planning Appeal

Developments of National Significance (DNS) Website for DNS Case Types or  Email/Post/External Third Parties

Applications

Development of National Significance Applications

Email/Post/External Third Parties  

Appeals

Specialist Purchase Notices

Email/Post/External Third Parties

Appeals

Sustainable Drainage System (SUDS) Appeals

Email/Post/External Third Parties

Appeals

Community Infrastructure Levy (CIL) Appeals

Email/Post/External Third Parties

Appeals

Specialist High Hedges

Email/Post/External Third Parties

Appeals

Specialist Tree Preservation Order

Email/Post/External Third Parties

Appeals

Specialist Tree Replacement Notices

Email/Post/External Third Parties

Appeals

Environmental Permitting Regulations

Email/Post/External Third Parties

Appeals

SSSI Appeals

Email/Post/External Third Parties

Appeals

Contaminated Land

Email/Post/External Third Parties

Appeals

Marine Licensing

Email/Post/External Third Parties

Appeals

Waste Management

Email/Post/External Third Parties

Appeals

Water Abstraction

Email/Post/External Third Parties

Appeals

Hazardous Substances Appeals

Email/Post/External Third Parties

Appeals

Notice Appeals

Email/Post/External Third Parties

Appeals

Specialist Hedgerows

Email/Post/External Third Parties

Appeals

Restriction Appeals 

Email/Post/External Third Parties Appeals

Specialist

Rights of Way - Schedule 14

Email/Post/External Third Parties

Applications

  • Specialist Common Land under the below legislations:
  • Commons Act 2006: Section 16
  • Commons Act 2006: Section 38
  • Commons Act 2006: Part 1
  • Acquisition of Land Act 1981: Section 19 and Schedule 1
  • National Trust Act 1971: Section 23
  • Section 15 of the New Parishes Measure 1943
  • Section 193 of the Law of Property Act 1925
  • Schemes of management under the Commons Act 1899
  • Section 9 of the Countryside Act 1968
  • Section 9 of the Countryside Act 1968
  • Inclosure Acts
  • Various local Acts and Provisional Order Confirmation Acts (which includes levying of stint rates)

Email/Post/External Third Parties

Applications

Specialist Rights of Way - Schedule 14 Directions

Email/Post/External Third Parties

Applications

Specialist Village Green

Email/Post/External Third Parties

Applications

S36 Applications (Electricity Act 1989)

Email/Post/External Third Parties    

 

Applications - Recommendations

Drought

Permits

 

Email/Post/External Third Parties    

 

Applications

Specialist Necessary Wayleaves and Tree Lopping

Email/Post/External Third Parties    

Applications

Water Abstraction

Email/Post/External Third Parties    

 

Examinations

Water Resource Management Plans

Email/Post/External Third Parties    

 

Examinations

Local Development Plans

Email/Post/External Third Parties     

 

Examinations

Community Infrastructure Levy (CIL)

Email/Post/External Third Parties    

 

Orders

Harbour Revision Orders

Email/Post/External Third Parties    

 

Orders

Drought Orders

Email/Post/External Third Parties    

 

Orders

Transport & Works Act Orders

Email/Post/External Third Parties    

 

Orders

Highways Act Orders

Email/Post/External Third Parties    

 

Orders

Local Authority (LA) Traffic Regulation Orders

Email/Post/External Third Parties    

 

Orders

Ferry and Bridge Toll Orders

Email/Post/External Third Parties    

 

Orders

Cycle Tracks Orders

Email/Post/External Third Parties    

 

Orders

Stopping Up Orders

Email/Post/External Third Parties    

 

Orders

Department for Transport (WG) Compulsory Purchase Order (CPO)

Email/Post/External Third Parties    

 

Orders

Side Road Orders

Email/Post/External Third Parties    

 

Orders

Department for Environment, Food & Rural Affairs (DEFRA ) Compulsory Purchase Order (CPO)

Email/Post/External Third Parties    

 

Orders

Department for Environment, Food & Rural Affairs (DEFRA ) Compulsory Purchase Order (CPO)

Email/Post/External Third Parties    

 

Orders

Review of Old Mineral Permissions (ROMPs) and Ad-hoc Minerals

Email/Post/External Third Parties    

 

Orders

Adverts Welsh Ministers (WM) Cases

Email/Post/External Third Parties    

 

Orders

Modifications and Revocation of Planning Permission

Email/Post/External Third Parties    

 

Orders

Business, Energy & Industrial Strategy (BEIS) Compulsory Purchase Orders

Email/Post/External Third Parties    

 

Orders

Ministry of Housing, Communities & Local Government (MHCLG) Planning Compulsory Purchase Orders

Email/Post/External Third Parties

Orders

  • Rights of Way Orders under the below Legislations:
  • Wildlife and Countryside Act 1981
  • Highways Act 1980
  • Town & Country Planning Act 1990
  • Acquisition of Land Act 1981

Email/Post/External Third Parties

Various - Examinations & Orders & Applications

Welsh Government (WG) Ad-hoc Requests

Email/Post/External Third Parties

Various - Examinations & Orders & Applications

Department for Transport (DfT) Airports

15. Annex B – List of Data Processors

Data Processor List

Data Processor

Purpose

GoPro

Platform for Planning Appeal Processing

UK.Gov Notify

Communications with External Parties

Google Analytics

Monitoring Web Activity

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