Wirral Council Development Management privacy notice explains how we use information in relation to providing pre-application planning advice.

Who is the Data Controller for the information I provide?

Wirral Council is the Data Controller for the personal information you provide. Issues of how data is handled are dealt with by the Council's Data Protection Officer Jane Corrin who can be contacted by email at DPO@wirral.gov.uk

How we get your information?

We get applicant information in two ways – either from the online form or the pdf download form available on our website. It is supplied to us directly or via a planning agent.

Why do we collect this information?

We are processing your information for the purposes of providing you with a discretionary service in respect of preliminary advice and information prior to submitting an application.

In order to provide this requested paid service individuals must provide us with sufficient personal data (e.g. name, address, contact details) to perform the service.  And it is under Article 1(b) GDPR (Performance of a Contract) that we process this personal data.

What personal information do we collect from you?

  • names
  • addresses
  • telephone Numbers
  • email Addresses
  • signatures
  • other location data pertaining to your pre-application advice request
  • any other information you may provide to us during the pre-application process

What we do with your information?

The information you provide will be accessed and used by Council staff in order to answer your query or request. The details will be logged on computer databases for recording purposes and then passed to authorised Council staff. It will also be used to contact you and may be used to monitor the performance of these service areas.

Please do not include any personal identifiable information in your request, comments or supporting documents which is not required for the process. Please also refrain from including personal information about other people in your correspondence with us.

Personal data will be held securely by the Council. We have a data protection regime in place to oversee the effective and secure processing of your personal information, and also utilise appropriate technical safeguards to keep your information secure.

Who might we share your information with?

The Council is not required to publish pre-application and related enquiries. However, we may share personal data (excluding signatures or personal contact details for the applicant) with other services within the Council, such as Highways and with third parties including statutory consultees for their views on the proposal.

We will not share your information for marketing purposes with companies outside of the authority.

We do not sell your information to other organisations. We do not use your information for automated decision making.

Do third parties have access to my information?

As part of maintenance and software support the contracted company may have access to your data in order to carry out their duties but such arrangements are subject to data processing agreements with strict rules on processing to keep the data secure.

We may share data with the Police and other third parties to identify and deter criminal activity.

Disclosure of the information you have provided may be requested by a third party under the Environmental Information Regulations 2004. If such a request is received the Council is obliged to determine whether it would be appropriate to release it, or whether it should be withheld under one of the exemptions provided in the Act.

How long do we keep your information?

Pre-application enquires will be held indefinitely as they form part of the planning history for the site and the data will be used for monitoring and enforcement purposes.

Will my data be transferred abroad and why?

This service does not transfer personal information outside the European Economic Area (EEA).  If ever a situation arose that your personal information might be transferred outside of the EEA, you would be notified beforehand and consent sought if required and recorded, providing that does not conflict with a legal obligation imposed upon the Council. 

What rights do I have when it comes to my data?

Right to be informed – through this Privacy Notice

Right to rectification – you have the right to have personal data rectified if it is inaccurate or incomplete.

Right to erasure – you have the right to have personal data erased and to prevent processing however the right to erasure does not apply in some circumstances.

Right to restrict processing – you have the right to block or suppress processing of your data, however this right does not apply in some circumstances.

Right to data portability – you have the right to obtain and reuse your data for your own purposes (copy or transfer personal data to another environment) in certain circumstances

Right of access – You have the right to access your personal information except where:

  • it contains confidential information about other people and the Council has to balance the rights of other individuals
  • includes information a care professional thinks will cause serious harm to you or someone else’s physical or mental wellbeing
  • information which may prejudice an investigation if disclosed

For details on how you can access your personal information see our Data Protect Policy.

If you would like to make a request for a copy of your personal data or you have any concerns about any aspect of Data Protection email           
informationmanager@wirral.gov.uk or write to: Data Protection Officer, Treasury Building, Cleveland Street, Birkenhead, Wirral. CH41 1AH

For more information on your Personal Data Rights see Wirral Council’s Principal Privacy Notice. Alternatively the Information Commissioner regulates data handling by organisations in the U.K. and work to uphold the data rights of citizens and the Information Commissioner's website provides more information on the rights available to you.

The right to complain about data handling

The Council sets very high standards for the collection and appropriate use of personal data. We therefore take any complaints about data handling very seriously. We encourage you to bring to our attention where the use of data is unfair, misleading or inappropriate and we also welcome suggestions for improvement.

Informal resolution

In the first instance we would ask that you try and resolve data handling issues directly with us before applying for a formal resolution. If you think we have got something wrong or there is a reason you would prefer for something to not be disclosed please ask us by email to: planningapplications@wirral.gov.uk or by writing to: Development Manager, PO Box 290, Brighton Street, Wallasey, CH27 9FQ

Formal resolution

If you are dissatisfied with the informal resolution of your complaint you can request a review by the Data Protection Officer Jane Corrin by email DPO@wirral.gov.uk

If you remain dissatisfied following an internal complaint, you can lodge a complaint with the Information Commissioner:

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

Changes to our Privacy Notice

We regularly review our privacy notice and encourage you to check it from time to time. This notice was last updated in May 2018.