This notice provides details of what information we collect from you, what we do with it and who it might be shared with.

Identity and contact details of the controller and the data protection officer

Falkirk Council is the data controller. You can contact the data protection officer at:

Data Protection Officer
Municipal Buildings
West Bridge Street
Falkirk
FK1 5RS

Frequently asked questions


Why do we collect this information?

The Development Management Unit processes applications submitted to the Council in its role as planning authority for the Falkirk Council area. This includes planning, listed building, conservation area, advertisement, lawful use, hazardous substances and high hedge applications. We also deal with general planning enquiries related to the development and use of land and the enforcement of planning control. Information is being collected for the following purposes:

  1. To allow us to carry out our statutory functions under the Town and Country Planning (Scotland) Act 1997, as amended, and related planning legislation.
  2. To contact you and inform you in relation to the submission and assessment of applications.
  3. To allow us to consider and respond to general planning enquiries and consultations related to the development and use of land and planning enforcement.
  4. To allow us to deal with any representations by you made during public notification and consultation on planning matters.

The legal basis for each purpose is set out below:

Legal basis Purpose
Consent  
Performance of a contract  
Legal obligation 1,2,3,4
Vital interests  
Task carried out in the public interest 1,2,3,4
Legitimate interests  

In relation to these purposes we must comply with various pieces of legislation. Some of the key legislation is listed below.

  • The Town and Country Planning (Scotland) Act 1997, as amended
  • The Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013
  • The Local Government (Scotland) Act 1973
  • The Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2017
  • The Town and Country Planning (Fees for Applications and Deemed Applications) (Scotland) Regulations 2004, as amended

What information do we collect?

We collect your name, signature and contact details, including your postal address, email address and/or phone number. We may collect information about health/disability if relevant to planning application fees as your application may be fee exempt. We may also collect financial information relevant to your application.

We may also keep copies of your communications with us and our responses.

To investigate or enforce legislation we may be required to collect information specific to businesses including registered owners, business address, contact details, employment details and business vehicles.

To report breaches of planning legislation to the Procurator Fiscal we may collect information relating to date of birth, name and address, contact details, land ownership interests.

If you provide anyone else's details in your application, please make sure that you have told them that you have given their information to Falkirk Council. We will only use this information to contact them in relation to the application/correspondence you have made or in carrying out our planning functions.


Where do we collect information from?

You; we get your information from communications with us, for example when you submit an application, representation on an application or when you submit an enquiry to us.


Who might we share your information with?

Applications

Information included in applications will be made publicly available online and/or by inspection as part of a statutory register. Signatures will not be published online.

We may need to share information with statutory consultees.

Representations

Representations made on applications are not confidential. Your name and/or organisation, comments, and any other information you provide with or in your representation may be made available online or to anyone on request for information. Your contact details, such as email address and telephone numbers, will not be made public in the documents we publish, nor will your signature.

We may publish a summary of your representation along with your name and/or organisation and address in publicly available documents. These documents may be available for public inspection on the Council's or the Scottish Government’s Planning and Environmental Appeals Division (DPEA) website and at selected locations such as public libraries and Council offices.

We may be obliged by the Freedom of Information (Scotland) Act 2002 or Environmental Information (Scotland) Regulations 2004 to provide copies of the information you give to us in response to a request for these.

We will not publish comments which in our view may be considered defamatory or obscene.

Sharing with Council Services and organisations

The Council has a duty to protect public funds. We may check your information within the Council for verification purposes and for the prevention of fraud. We may share your information with other organisations where we are required to do so for the purposes of the prevention or detection of crime.

We are also legally obliged to share certain data with other public bodies, such as HMRC and will do so where the law requires this. We will also generally comply with requests for specific information from other regulatory and law enforcement bodies where this is necessary and appropriate


Will we send your information outwith the UK?

Your information will be stored and processed in premises in the Council area or on servers based in the UK. While it may sometimes be necessary to transfer personal information overseas, any transfers will be in compliance with data protection law.


How long do we keep hold of your information?

We only keep hold of information for as long as is necessary and will dispose of paper and electronic information in a secure way. The length of time we will keep your information will depend on the purpose for which it is collected and legislation requires. The Town and Country Planning (Scotland) Act 1997, as amended requires us to maintain a register of all applications, including details of applicants and agents.


What are my rights in relation to the information held about me?

You have the following rights:

  • To see any information held about you by making a subject access request.
  • To withdraw consent at any time, where the legal basis for processing is consent.
  • To data portability, where the legal basis for processing is (i) consent or (ii) performance of a contract.
  • To request rectification or erasure of your information, where data protection legislation allows this.

Do I have a right to complain about the way information has been used?

If you have a concern about the way we are collecting or using your personal data, please let us know and we will try to resolve this. If you are still concerned, you can contact the Information Commissioner:

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

Do I have to provide my personal data to you?

We require your information to process your application (or representation) made under the Town and Country Planning (Scotland) Act 1997 and related planning legislation and to deal with general planning enquiries and enforcement matters.

There may be consequences if you do not provide your information. Depending on the situation, the consequences may include:

  • Your application not being accepted by us as valid.
  • Your representation not being accepted by us.
  • No contact information to inform you of the outcome of the Council's determination of an application.
  • No contact information to issue a response to your request for information or your enquiry.
  • No contact information for us or the DPEA to contact you.
  • Missing information for stakeholders (the public, developers, Council services, government agencies and so on) to consider a planning matter.

Do you use any automated processes to make decisions about me?

No. We do not use automated decision making processes.


This notice was last updated in July 2019.