Planning Portal

 
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Terms and Conditions

Terms and Conditions

'Communities and Local Government' and a number of other parties have developed the Planning Portal to provide access to information that is required by anyone involved in the planning process.

The Planning Portal has its own separate identity but in this web site we may sometimes use "Planning Portal", "Portal Programme, "we" or "us" when we refer to The Planning Portal in general, or where no useful purpose is served by identifying any particular department or service. For the purposes of these terms and conditions, "this web site" means the www.planningportal.gov.uk site, which has links to other government and non government sites which are external web sites.

Visitors to the Planning Portal site are bound by the terms and conditions set out below so please read these carefully before continuing.

Other web sites, which are accessible from the Planning Portal, may contain terms and conditions, which are different from these terms and conditions. When using the Planning Portal please check the terms and conditions of each web site that you visit and do not assume that the terms and conditions of the Planning Portal below apply to the other web sites that you may access.

Users

The Portal is intended for access and use by persons in England and Wales only. We do not represent or warrant that the information available on the Portal complies with the regulatory regime of any other country.

If you choose to access this Portal from other locations outside England and Wales you do so on your own initiative and you are responsible for compliance with local laws, if and to the extent local laws are applicable.

Permitted Use:

Official Information

The Planning Portal provides access to information that is required by anyone involved in the planning process.

Government Policy is to encourage access to and re-use of official information for the benefit of the citizen and to encourage UK business. Official Government information made available via the Planning Portal falls into a category of core information, which can be re-used under the terms of HMSO's Click Use Licence. If you do not have a Click-Use licence see the section Permitted Use - Non Official Information, below.

Click Use Licences

Subject to certain prescribed terms and conditions, Click-use Licences enable businesses to utilise and communicate Government information to provide new products for customers. Such information includes data about health, house prices, school performance tables, crime, census results and guidance issued by departments. Most of this material can be reused free of charge. Libraries, local government and members of the public are also able to take out licences.

Non-Official Information

Any requests for permission to use the non-official Content in a manner otherwise than permitted by these Terms and Conditions should be addressed, to the third party supplier of the information.

If you breach any of these Terms and Conditions, your authorisation to use this Portal automatically terminates and you must immediately destroy any downloaded or printed materials.

You are authorised to view and download the materials on the Planning Portal. You can print off individual pages of the Content from the Planning Portal for private, personal and commercial use, provided that any proprietary notices, marks, logos or other legends that appear on the copied screens remain on, and are not removed from the printed or stored images of such screens. You may not modify the materials on this Portal in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public purpose.

You shall not copy, sell, rent, lease, license, sublicense, grant any rights in, transfer, distribute, time-share or otherwise assign to any third party any portion of the Portal.

You must not permanently store or otherwise copy the non-official Content for wider distribution or commercial gain.

Maps and Plans

We provide links on our site to the websites of providers of maps and plans. We cannot give any undertaking, that products you purchase from third party suppliers through our site, or from companies to whose website we have provided a link on our site, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely.

This DISCLAIMER does not affect your statutory rights against the third party seller. We suggest that you review any third party terms and conditions before purchasing any Map or other product from third party suppliers.

Intellectual Property

The names, images and logos identifying 'Communities and Local Government', government departments, third parties and their information, products and services are proprietary marks of the Crown or those third parties.

Copyright is claimed in the materials provided in the Portal and any unauthorised use of any materials at this Portal may violate copyright, trademark, and other laws.

Unless otherwise stated, any intellectual property rights arising in respect of the Portal's design, text, graphics, its selection and arrangement, software and all other material (the 'Content') on or in the Portal belong to the Crown as represented by either 'Communities and Local Government' or third party content providers.

Copying or use of such intellectual property rights or software is not permitted without the prior approval of the intellectual property owner, unless expressly allowed under these Terms and Conditions.

Copyright

Plans, drawings and material submitted to the council are protected by the copyright acts (section 47, 1988 act). You may only use material which is downloaded and/or printed for consultation purposes, to compare current applications with previous schemes and to check whether developments have been completed in accordance with approved plans. Further copies must not be made without the prior permission of the copyright owner.

Crown Copyright 2012

This permission is subject to the material being reproduced accurately and not used in a misleading context. Where any of the Crown copyright items on or provided by the Portal are being republished or copied to others, the source of the material must be identified and the copyright status acknowledged. Other re-use of the Crown copyright material is subject to the conditions of the HMSO's Click-Use Licence. Information about Click-Use licences is available from: Enquiries, HMSO, St.Clements House, 2-16 Colegate, Norwich, NR3 1BQ. View further information on Click-Use licences.

The permission to reproduce Crown protected material does not extend to any material on this Portal that is identified as being copyright of a third party. Authorisation to reproduce such material must be obtained from the copyright holders concerned.

Unauthorised access by third parties

It is possible that third parties may access the Portal and alter its contents. 'Communities and Local Government' will not be liable for any damages or loss arising out of or resulting from any unauthorised access to, alteration to or modification of information contained on this Portal.

Third party content

The Site may contain material, including advertising and sponsorship, which originates from third parties.

Links

The Portal incorporates links to other sites designed, maintained and operated by third parties, but this does not imply that we approve or endorse the contents of those sites or the material available from them. If you use these sites, you will leave this Portal. These links are provided for your convenience only and 'Communities and Local Government' is not responsible for the content or availability of those sites. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements.

Links do not imply that 'Communities and Local Government' endorses, is affiliated or associated with, or is legally authorised to use any trade mark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorised to use any trade mark, trade name, logo or copyright symbol of 'Communities and Local Government'.

Disclaimer

We require all providers of information to ensure the accuracy and completeness of their information. For this reason, we provide the information without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.

The information provided on or via this Portal is intended to be informative only and is provided on an "as is" and "as available" basis. We encourage you to exercise discretion whilst using this Portal and to seek independent advice. You acknowledge that any reliance upon any information obtained or received via the Portal shall be at your sole risk.

We do not warrant that the functions of the Portal will be uninterrupted or error free, that defects will be corrected, or that this Portal or the servers that make it available are free of viruses. In no event will we be liable for negligence (except for personal liability or death), any loss or damage including, without limitation, indirect or consequential loss or damage, or any loss or damages whatsoever arising from use or loss of use of, data or profits arising out of or in connection with the use of the Portal.

Illegal Use

You may only use the Portal for lawful purposes.

You must not use the Portal for any of the following:

  • For fraudulent purposes or in connection with a criminal offence or other unlawful activity
  • To send, state, publish, use or reuse any material which is offensive, abusive, defamatory, indecent, obscene, threatening or illegal or in breach of copyright, trade mark, confidence, privacy or any other rights
  • To transmit any chain letters, spam letters, or junk e-mail or participate in mischievous or malicious behaviour which causes or may cause damage, annoyance, inconvenience or needless anxiety to 'Communities and Local Government', this Portal or any other member or user of this Portal

You must not transmit, distribute or store any material that may infringe third party rights or violate any relevant laws and/or regulations. This includes, without limitation, material that is protected by copyright, trade mark, trade secret or intellectual property right that you use without permission.

You may not circumvent or attempt to circumvent 'Communities and Local Government' security measures or try to modify the Content except as expressly permitted.

In the interests of all our users, 'Communities and Local Government' will co-operate with investigations by any law enforcement agency or relevant authority of suspected criminal activity or violation of systems or networks.

Site usage information

Log files allow us to record visitors' use of our Web Sites. Cable & Wireless our Internet Service Provider (ISP) compile log file information from all site visits and use that to make changes to the layout of the site and to the information in it, based on the way that visitors move around. Log files do not contain any personal information.

Changes

We pride ourselves on keeping up to the minute in terms of advances in technology and legal developments. As these areas are ever changing, we recommend that you refer to this area of the Portal on a regular basis in order to ensure that you are aware of our most recent Terms, Privacy Statement and other policies.

'Communities and Local Government' reserves the right to modify, add to or change these Terms and Conditions, our Privacy Statement, and any other policies at any time without notice. Any such modifications, additions or changes will be effective immediately on being posted to the Portal. Continued use of this Portal after a modification, addition or change has been made is your acceptance of the modification, addition or change.

Changes to/Operation of Web Site

  • The Planning Portal may change in format and content at any time.
  • The archiving of old material will be in accordance with the Planning Portal Archiving Policy.
  • The Planning Portal may be suspended from operation for support or maintenance work, in order to update the content or for any other reason.
  • The Planning Portal reserves the right to terminate access to the Planning Portal web site at any time and without prior notice.

Law and Disputes

The Terms and Conditions shall be governed and construed in accordance with the laws of England and Wales and any dispute arising in relation to the Planning Portal whether on contract or in tort or otherwise shall be subject to the non-exclusive jurisdiction of the English Courts.

'Communities and Local Government' reserves the right to bring proceedings in the courts of the country of your residence or your principal place of business.

General

You may not assign, sub-license or otherwise transfer any of your rights under these Terms and Conditions. We reserve the right to assign, sub-licence or transfer any obligations under these Terms and Conditions to a third party. In the event that we transfer the operation of this Portal to a third party we reserve the right to transfer this agreement to that third party.

These Terms and Conditions cannot be varied except in writing by 'Communities and Local Government'.

Any breach of these Terms and Conditions shall entitle 'Communities and Local Government' to immediately terminate your use of the Portal and/or the agreement with you without notice.

If any provision in these Terms and Conditions is found to be invalid or unenforceable by any authority having competent jurisdiction, such invalidity or unenforceability shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.

Failure by either party to insist upon strict performance of any provision of these Terms and Conditions, or the failure of either party to exercise any right or remedy to which it is entitled under these Terms and Conditions shall not constitute a waiver of that right or remedy and shall not cause a diminution of the obligations established under these Terms and Conditions.

Headings in these Terms and Conditions are for convenience only and will have no legal meaning or effect.

Links to the Portal

You are free to link to any of the Planning Portal pages from your website.

You can also view a guidance note on linking to the Planning Portal (created for Local Planning Authorities) which contains advice and a list of many of our useful URLs.

If you require assistance or help in determining the best link to use, please contact editorial@planningportal.gsi.gov.uk.

Definition of terms:

"the Crown Content" "means the information, documents and material provided on or via the Planning Portal that was originated by 'Communities and Local Government', or by a UK government department or agency which is subject to Crown copyright protection."

"the Third Part Content" "means the information, documents, material, advertising and sponsorship advertisements provided on or via the Portal. The copyright in this content does not rest with the consent of the copyright holder."