Ruth, paraphrasing a previous reply to Paul Couldrey
Based on my reading of the legislation that applies to Scotland, the local
authority requires to:
1) Keep a written register of planning applications.
2) Advertise the planning application and the location of the register in a
newspaper.
3) Make it available at a stated office for access by members of the public.
The applicant is required to let neighbours know of the application.
....and that's it. They don't have to publish the whole list, unlike the
electoral roll. It could be argued that they are exceeding their legal
authority if they do. Given the concerns expressed in previous threads in
this news group about local companies harvesting planning applications for
marketing purposes, I'd also advise against publishing planning applications
on Council web sites although Phil Boyd of the ODPC has said that "Although
transfers of personal data outside the European Economic Area appear to be
prohibited by the 8th Data Protection Principle, a provision set out in
Schedule 4 of the Act provides that transfers of data outside the EEA are
permissible if the data consists of "part of the personal data on a public
register and any conditions subject to which the register is open to
inspection are complied with by any person to whom the data are or may be
disclosed after the transfer.
It seems to me that the effect of this provision is to allow you to place
public registers on a website. However, this should be done in such a way
that it is not possible to download the entire register and thus permit the
use for other, non-statutory purposes, such as direct marketing."
Given that 'harvesting' takes place with newspaper adverts, personally I
would be very reluctant to see any planning register published in this way.
Allan Yuill
Reference:
The Town and Country Planning (General Development Procedure) (Scotland)
Order 1992
http://www.hmso.gov.uk/si/si1992/Uksi_19920224_en_1.htm
(There appears to be a "The Town and Country Planning (General Development
Procedure) Order 1995" but I couldn't locate it.)
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