Planning and Development Services Privacy Notice

City of York Council (CYC) current data protection notification is registered with the Information Commissioner’s Office (ICO) – reference Z5809563. We regularly review this privacy notice, and it was last updated in October 2025.

CYC is committed to ensuring that your information is handled in accordance with the principles set out in data protection legislation and guidance from the Information Commissioner’s Office (ICO).

This privacy notice tells you what to expect when we process your information in Planning and Development Services.

CYC is the controller for this information unless we specifically state otherwise in this privacy notice.

You can contact the council’s Data Protection Officer at:

West Offices
Station Rise
York
YO1 6GA

Telephone: 01904 555719.

Email: information.governance@york.gov.uk.

This privacy notice should be read in conjunction with other CYC privacy notices that are available in our Privacy Notice and/or CYC policies and procedures.

When appropriate we will provide a ‘just in time’ notice to cover any additional processing activities not mentioned in this document.

How we collect your information

We get information about you from the following sources:

  • directly from you
  • from third parties acting on your behalf such as:
    • planning agents
    • architects
    • builders
    • tree surgeons
    • Building Control Approved Inspectors
    • conveyancing solicitors
    • as family member(s)
    • advocates
  • from our commissioned partners or contractors who undertake work on our behalf

We may also get your information when you use the following digital services or platforms:

  • City of York Council online Planning Register: The City of York Council online Planning Register is the online planning application register where people can view a record of planning applications, the platform also allows users to make comments on planning applications that are currently being considered by the council
  • Planning Portal: The Planning Portal provide a national transaction service for people making planning related applications to all Local Planning Authorities in England and Wales
  • National Land Information Service (NLIS): NLIS is the Government approved and regulated land and property searches portal and is a national platform which allows users to make electronic Land Charges searches to all local authorities in England and Wales

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What personal data we process and why

We will only process the information that is necessary such as:

  • name
  • address
  • contact details for example, address and email address
  • finance information
  • health information
  • disability information
  • the reference number of an application
  • your comments and/or objections. These should be limited to planning matters only; comments which are defamatory, frivolous, or offensive will not be published and you will be provided an opportunity to revise them

Where an agent is acting for you, we will also process the name, address, and contact details for your agent.

We use your information to provide the Planning and Development Services such as:

  • Development Management including Planning Enforcement - this includes the assessment and determination of planning and planning related applications and enquiries, including requests for advice. It also includes the recording and investigating of Enforcement Complaints and the monitoring of development
  • interested parties - those making representations, comments, writing in support of or objection to a planning application: We will publish responses to consultations on our online register of planning applications Planning Access pages, removing your telephone number, email address and signature

In order for any comments to be registered, published online and to allow us to send you further correspondence relating to a particular application you must include:

  • your name
  • your contact address or contact email address
  • the reference number of the application
  • your comments and/or objections. These should be limited to planning matters only; comments which are considered to be defamatory, frivolous or offensive will not be published and you will be provided an opportunity to revise them

When we publish comments the content of the comment will be published along with the name and address of the party making the comments.

Once the application to which the comments relate has been determined, the comments will not be visible publicly online via the online planning register.

In the event of an application proceeding to an appeal any comments made to the original application may become visible again via the public online planning register whilst the appeal is considered by the Planning Inspectorate. We will also forward copies of all comments made to the Planning Inspectorate as part of the appeals process.

  • Applicants and Agents: We will publish on our website, via our online register of planning applications, a copy of the completed application forms and relevant supporting documents and drawings. This information will include your name and address and the address for the application site; and where an agent is acting for you the name, address, and contact details of your agent

Any special category information that is provided as part of an application such as medical information or history will not be published on our online register. It will however be held on the associated case file and be available for staff within Planning and Development Services to view in association with dealing with your request.

  • Planning Enforcement Complaints: When a Planning Enforcement complaint is made to us, we will use your information to keep you updated on the progress of the investigation into the complaint made. We will not disclose any of your information with the person(s) to which the enforcement complaint relates nor will they be published on a public facing platform
  • Building Control: This includes the assessment and determination of applications for Building Regulation approval and associated enquiries. It also includes the recording and investigating of things such as dangerous structures
  • Local Land Charges: This includes dealing with requests for Local Land Charges Searches; these are the legal searches undertaken by solicitors or licensed conveyancer acting on behalf of a person buying or selling land or property
  • Street Naming and Numbering: This is the process of allocating street names and property numbers to new properties or property conversions along with requests to change the name of an existing property
  • Design and Conservation - this includes dealing with requests for advice and guidance on matters relating to Heritage conservation (listed buildings, conservation areas, and archelogy). Determining applications for works to protected trees (trees covered by Tree Preservation Orders and trees in conservation areas) and matters relating to ecology and protected species
  • conducting investigations and gathering evidence which may lead to prosecutions etc. To find out more about the council’s law enforcement processing see the City of York Council Law Enforcement Processing Privacy Notice

When you complete an online form on the council’s website and you have provided your email address, we will send you a copy of your completed online form.

When you make an online payment on the council’s website, you can find details at Online Payments Privacy Notice.

We will ask for your consent:

You can withdraw your consent at any time by email: planning.enquiries@york.gov.uk.

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Artificial Intelligence

We may use Artificial Intelligence (AI) technologies to support or enhance council services. Where AI is involved in a process that directly affects your interaction with us, we will inform you before your user journey begins. This ensures transparency and helps maintain trust in how we use AI.

Our use of AI complies with the UK General Data Protection Regulation (UK GDPR), including the principles of lawfulness, fairness, transparency, accountability, and accuracy. We conduct Data Protection Impact Assessments (DPIAs) where AI systems are likely to result in high risks to individuals’ rights and freedoms, such as automated decision-making or profiling.

If generative AI tools are used, we do not use personal or end-user data to train AI models. This helps ensure compliance with the purpose limitation and data minimisation principles under UK GDPR.

AI for Staff Productivity and Accessibility

Where AI tools are used solely by staff to assist with drafting, research, or accessibility—for example, to improve writing efficiency or summarise information—these uses do not form part of a business process that affects service delivery or decision-making. As such, no specific notification will be provided for these internal productivity uses.

These uses are considered low-risk and do not involve automated decision-making that produces legal or similarly significant effects. They are also subject to internal governance and safeguards to ensure responsible use. Examples include:

  • drafting internal reports or meeting notes
  • summarising lengthy documents for quicker review
  • assisting with spelling, grammar, or formatting tasks

We may use your information to create reports and statistics that are anonymous and cannot be linked back to you, your family, or individuals such as:

  • statistical analysis
  • statutory returns
  • audit framework
  • see how the council and its partners are supporting individuals
  • help design better services
  • inform funding decisions

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Automated decision-making

We do not carry out any automated decision-making in Planning and Development Services.

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Collecting information automatically

Please see our Cookies Policy for further information about the information we collect automatically when you use our website.

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Children’s information

Where we provide services directly to children or young people, the information in the relevant parts of this notice applies to children and young people, as well as adults.

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Lawful basis for processing your personal data

Any personal data, special category data and criminal offence data that we process about individuals is done so in accordance with one or more of the following Articles 6 and 9 and 10 of the UK GDPR and Schedule 1 of the Data Protection Act 2018 (DPA 2018).

  • Article 6(1)
    • (a) Consent: the individual has given clear consent for the council to process their personal data for a specific purpose.
    • (c) Legal obligation: the processing is necessary for the council to comply with the law (not including contractual obligations).
    • (e) Public task: the processing is necessary for the council to perform a task in the public interest or for our official functions, and the task or function has a clear basis in law.
    • (f) Legitimate interests: the processing is necessary for the council’s legitimate interests or the legitimate interests of a third party, unless there is a good reason to protect the individual’s personal data which overrides those legitimate interests. (This cannot apply if you are a public authority processing data to perform your official tasks.)
  • Article 9(2)
    • (a) Explicit consent
    • (b) Employment, social security and social protection (if authorised)
    • (g) Reasons of substantial public interest (with a basis in law)

This is supported by Schedule1, Part 2 (6) of the Data Protection Act 2018 and legal framework, such as:

  • The Town and Country Planning (Development Management Procedure) (England) Order 2015
  • The Building Regulations 2010
  • The Town and Country Planning Act 1990 (as amended)
  • The Planning (Listed Buildings and Conservation Areas) Act 1990
  • Highways Act 1980
  • The Localism Act 2011
  • The Environment Act 1995
  • The Environmental Protection Act 1990
  • The Housing and Planning Act 2016
  • The Planning Act 2008

Where we process personal data relating to criminal convictions and offences, this is also under Article 10 UK GDPR that covers processing in relation to criminal convictions and offences or related security measures. In addition, section 11(2) of the DPA 2018 specifically confirms that this includes personal data relating to the alleged commission of offences, or proceedings for an offence committed or alleged to have been committed, including sentencing.

Some of the Schedule 1 conditions for processing special category and criminal offence data require an Appropriate Policy Document (APD) to be in place, which sets out and explains the procedures for securing compliance with the principles in Article 5 and policies regarding the retention and erasure of such personal data. This document explains this processing and satisfies the requirements of Schedule 1, Part 4 of the DPA 2018 and supplements this privacy notice.

Our Appropriate Policy Document provides further information about this processing.

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How long we keep your personal data

We will only keep your information for as long as it is needed then it will be securely and confidentially deleted or disposed of.

Registered accounts, for our online planning application register, that have not been used within a period of 5 years will be deleted. Users of deleted accounts will need to re-register and can use the same email address.

You can find details on how long the council keeps records at Council retention schedule.

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Data sharing

We will only share your information where it is appropriate to, with:

  • other CYC services
  • our Elected Members (Councillors)
  • other councils, government departments and agencies
  • planning application applicants, or Planning Agents acting on behalf of a planning applicant
  • interested parties involved in a planning application, including statutory and technical consultees involved in the planning process, supporters, and objectors to planning applications
  • specialists who are providing a service to us in support of dealing with a planning, planning-related or building regulation application
  • The Planning Inspectorate - in cases where planning decisions are subject to an appeal
  • Regulatory or statutory bodies involved in the Building Regulations process, such as Yorkshire Water or North Yorkshire Fire and Rescue
  • HM Land Registry
  • third parties, such as the Royal Mail for the purposes of street naming and numbering
  • third parties including our data processors, partners or contractors, who undertake work on our behalf
  • internal and external auditors

We are obliged to maintain a public register of Planning Applications. Any information that is publicly available on our website could be used by individuals or organisations for their own purposes. The council is not responsible for how those individuals or organisations use data that is in the public arena.

In some circumstances, such as under a court order or safeguarding, we are legally obliged to share information.

We will always satisfy ourselves that we have a lawful basis on which to share the information and document our decision-making.

Additionally, we are required under the Public Records Act 1958 (as amended) to transfer records to the City or National Archives (TNA) for permanent preservation. Full consideration will be given to Data Protection and Freedom of Information legislation when making decisions about whether such records should be open to the public.

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Data processors and/or third parties

When we have third parties providing parts or all of our services, systems, software, platforms, applications (apps) etc for us, we have contracts or agreements in place with them. These include:

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Transfers of personal data

We do not routinely transfer personal data, special categories of personal data or criminal offence data, outside of the UK but when this is necessary, we ensure that we have appropriate safeguards in place and that it is done in accordance with the UK data protection and privacy legislation.

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How we protect your information

We're committed to keeping your information safe and secure. There are several ways we do this, such as:

  • IT security safeguards such as firewalls, encryption, and anti-virus software
  • on-site security safeguards to protect physical files and electronic equipment
  • training for all staff and elected councillors
  • policies and procedures

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Your rights in relation to this processing

To find out about your rights under data protection law, you can go to the Information Commissioner's Office website.

You can also find information about your rights in our Privacy Notice.

If you have any questions about this privacy notice, want to exercise your rights, or if you have a complaint about how your information has been used, please contact us on email: information.governance@york.gov.uk, or on telephone: 01904 555719, or write to:

Data Protection Officer
City of York Council
West Offices
Station Rise
York YO1 6GA

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Also see

Data Protection Officer

West Offices, Station Rise, York, YO1 6GA

Telephone: 01904 555719

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