This privacy notice tells you how the London Borough of Bromley uses your personal information in connection with planning obligations.
A planning obligation is a deed under section 106 of the Town and Country Planning Act 1990 and often known as a section 106 agreement or unilateral undertaking. Planning obligations contain names, addresses and signatures and must be published on the Council's planning register (with non-electronic signatures removed) and registered as a local land charge.
The type of personal information we collect
We currently collect and process personal identifiers and contacts (e.g. name and email address) and bank details
How we get the personal information and why we need it
1. Most of the personal information we process is provided to us directly by you. We use your personal information so we can comply with our legal obligations and perform our public tasks as a local authority.
Here are some examples of when we get personal information and why we need it:
- When you submit or we require a planning obligation as part of a planning application or planning appeal - In order to draft, negotiate, comment on, consult on, publicise, complete, publish and register the planning obligation. Thereafter we need to monitor and enforce planning obligations, for example collecting money a planning obligation says you must pay us.
- When you ask us or we ask you to change an existing planning obligation - In order to request, consider, consult on and publicise the change. If the change is agreed, your data will then processed for the reasons set out in 1 above.
- When you enquire about a planning obligation - In order to respond to your enquiry.
- When we allocate funding - In order to ensure compliance with the planning obligation.
2. We also receive personal information indirectly from other organisations to help us comply with our legal obligations and perform our public tasks.
Our main sources and the reasons why we use them are:
- Companies House - In order to draft, negotiate, comment on and complete planning obligations and in order to monitor and enforce planning obligations
- Greater London Authority (including the Mayor of London and Transport for London) - In order to monitor and enforce planning obligations
- Insolvency Service - In order to monitor and enforce planning obligations
- Land Registry - In order to draft, negotiate, comment on and complete planning obligations and in order to monitor and enforce planning obligations
- London Gazette - In order to monitor and enforce planning obligations
- Registered providers of social housing, mortgage lenders and developers - In order to monitor and enforce planning obligations
3. We may share personal information with individuals and organisations to help us comply with our legal obligations and perform our public tasks.
The main recipients and reasons why we share are:
- Any external solicitors, barristers and other agents and advisors (e.g. viability consultants) used by the Council - In order to draft, negotiate, comment on and complete planning obligations and in order to monitor and enforce planning obligations
- Anyone else who is listed in the planning obligation (e.g. a mortgage lender or a recipient of funding) and anyone else against whom we may enforce the planning obligation (e.g. a subsequent landowner) - In order to draft, negotiate, comment on and complete planning obligations and in order to monitor and enforce planning obligations
- General public (e.g. when someone views it on our website) - In order to comply with our obligations to make planning obligations publicly available and to process searches of the local land charges register
- Greater London Authority (including the Mayor of London and Transport for London) - In order to draft, negotiate, comment on and complete planning obligations and in order to monitor and enforce planning obligations
- Land Registry - In order to monitor and enforce planning obligations
4. The lawful bases we rely on for processing personal information are we have a legal obligation and we need to for performing a public task.
As a local authority we have legal obligations under many different pieces of legislation. For example, the Town and Country Planning (Development Management Procedure) (England) Order 2015 says we must add completed planning obligations to the planning register and the Local Land Charges Act 1975 says we must add them to the local land charges register. In the General Data Protection Regulation this lawful basis is in article 6(1)(c).
We have to perform many public tasks as a London borough, particularly as a local planning authority for the area. This includes producing planning obligations required by Council committees and making sure money we receive is disbursed appropriately. In the General Data Protection Regulation this lawful basis is in article 6(1)(e).
How we protect your personal information
Please see the main privacy notice.
How long we keep your information
Usually for as long as the planning obligation is effective plus 12 years afterwards.
Files relating to planning obligations (e.g. the legal negotiations) are kept for 20 years from the last activity on the file.
Planning obligations must be kept even if some personal information is no longer up to date or accurate (e.g. it will still list you as a landowner even after you’ve sold the land).
Your data protection rights
Please see the main privacy notice.
Our contact details
Please see the main privacy notice.
How to complain
Please see main privacy notice.