“It is the Commissioners understanding that local authorities have specific powers which allow them to place certain information, which forms part of a planning application, on their websites. However, it does not appear that this obligation extends to publishing all information collected as part of the process, for example, contact details such as telephone numbers and e-mail addresses.
As local authorities have a legal duty to make certain planning application information available. In terms of the Act, they are acting lawfully in making applications, including the name and address of the applicant, available on the internet. However, in making information that is not collected as part of a planning application, such as contact information, available on the website, it is likely that the Authority is acting unlawfully.”
You should be aware of this assessment by the Information Commissioner and POS draws your attention to new guidance concerning this matter. PARSOL in conjunction with the Information Commissioner’s Office, have produced a guidance note entitled ‘making Information form Planning (Application and Enforcement) and Building Control Registers and databases Available on Local Authority Websites.’ See www.parsol.gov.uk
The guidance advises that Local Authorities should remove telephone numbers, email addresses and signatures from the internet versions of planning application forms in order to mitigate against the harmful consequences that might arise as a result of this information being available.
Readers may care to note the l atest advice from the Information Commissioner, as published on the Planning Portal, is as follows:
“We therefore consider that individuals should be notified, when they make building regulation and planning applications, that the information they provide in this connection which will appear in the register will also be published on the local authority’s website. We recommend that a clause is added to building regulation and planning application forms informing individuals of this. Any individuals with specific concerns as a result of their particular circumstances can ask the Council not to include their details on the website although they will, of course, still appear in the register.” Source: http://www.parsol.gov.uk/products/1_2/information_commssioner%27s_advice_on_planning_registers.pdf |