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Notifications at appeal stage
To comply with the advice from PARSOL in relation to the Data Protection Act, and to advertise the online service, we recommend that councils amend the templates for letters/advice for:
a) potential appellants - informing them of the right of appeal, preferably when acknowledging their application, and
b) neighbours and other interested parties - informing them that an appeal has been made.
They should include words along the lines of the following - though you may wish to make the advice more specific for example by suggesting that they do not include:
Such specific advice is particularly useful where you have a policy of not publishing such information on your own websites, as it should reduce the amount of blanking out you need to do prior to scanning.
To potential appellants
"The Planning Inspectorate have introduced an online appeals service that you can use to make your appeal online. You can find the service through the Appeals area of the Planning Portal - see www.planningportal.gov.uk/pcs. The Inspectorate will publish details of the appeal on the internet (on the Appeals area of the Planning Portal). This may include a copy of the original planning application form and relevant supporting documents supplied to the local authority by you or your agent, together with the completed appeal form and information you submit to the Planning Inspectorate. Please ensure that you only supply information, including personal information belonging to you, that you are happy will be made available in this way. If you supply personal information belonging to someone else, please ensure that you have their permission. More detailed information about data protection and privacy matters is available in the Planning Portal."
To neighbours and other interested parties
"The Planning Inspectorate have introduced an online appeals service that you can use to comment on this appeal. You can find the service through the Appeals area of the Planning Portal - see www.planningportal.gov.uk/pcs. The Inspectorate may publish details of your comments, on the internet (on the Appeals area of the Planning Portal). Your comments may include your name, address, e-mail address or phone number. Please ensure that you only provide information, including personal information belonging to you, that you are happy will be made available to others in this way. If you supply information about someone else, please ensure that you have their permission. More detailed information about data protection and privacy matters is available on the Planning Portal."
Notifications at application stage
It would be useful if councils could amend the letters sent out at application stage to advise recipients that any comments they send to the council will be copied to the Inspectorate in the event of an appeal, so they should only include information that they are happy may be made available over the internet.
Update
Please note that as a result of the Inspectorate's decision to suspend scanning and publishing, only a limited amount of personal information is now made available through the online appeals service Search facility - ie the name and address of the appellant and their agent (if any). By using the word 'may', the above wording already implies that personal information supplied to the Inspectorate may not be published. However, again, you may choose to amend the suggested wording above to be more specific.
We have added an Advice Note on Publishing appeal information to all areas of the Portal - so it is accessible by the public and planning professionals.
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