All,
(IANAL but,) I had a look at the most recent set of planning regulations
I could find when this was last raised on the list. My view is that
because the drafters of the legislation chose to be very specific about
just how planning applications should be 'made public' i.e. register at
the planning office, letters to adjacent neighbours who are affected,
notices on lampposts, notices in newspapers; it left very little scope
for using other methods as it would be 'ultra vires'. If the Act and
regulations were silent on the matter then it would be a different
issue. In fact, I think that 'made public' is inaccurate, the function
of the regulations is to 'publicise' domestic planning applications to
anyone affected. Not quite the same thing.
I accept that there is probably a separate argument for major public
works and building projects, but I'm not familiar enough with the
regulations to know how, or if, they are handled differently.
My advice has been not to publish planning applications on the internet,
mainly because of the potential harm to anyone at risk (see Ian's
example), as well as the concerns about legality. If my advice was
ignored then there should be at least an opportunity to opt out of web
publication. My advice WAS ignored so we now publicise planning
applications on the web because everybody else does and it gets us
eGovernment ticks in boxes.
Cynically yours,
Allan
> -----Original Message-----
> From: This list is for those interested in Data Protection
> issues [mailto:[log in to unmask]] On Behalf Of davidwyatt
> Sent: 02 June 2005 21:07
> To: [log in to unmask]
> Subject: Re: Opinions sought - Planning Applications
>
> This is a good debate. My 'two penneth'
>
> Anyone know the underlying UK statutes which mandate that
> names must be made public in planning applications and
> associated objections? I have seen no reference to this yet
> in the debate. The debate appears to have centred around the
> opinions about the rights and wrongs of the publication
> processes not whether they were legitimately conceived.
>
> DPA principle 1 - Authorities must inform applications about
> their worldwide disclosure intent if publishing on web sites.
> This transparency permits an applicant to challenge the
> fairness of the planning process using their Human Rights.
> My understanding is all UK laws have to be compatible with
> Human Rights.
> Article 6 of HRA is I believe where fairness of planning
> decisions / processes can be legally challenged.
>
> If an authority makes a poor decision to my mind they commit
> public funds to potential legislative disputes. So is that OK
> with you taxpayers?.
>
> Regards
>
> David Wyatt
>
> ----- Original Message -----
> From: <[log in to unmask]>
> To: <[log in to unmask]>
> Sent: Thursday, June 02, 2005 8:09 PM
> Subject: Re: [data-protection] Opinions sought - Planning Applications
>
>
> > In a message dated 02/06/05 15:06:26 GMT Daylight Time,
> > [log in to unmask] writes (snip):
> >
> >> I think the risks are small, and the benefits could be large.
> >
> > -------
> > Then consider this. I know a man who was granted asylum in
> this country
> > and
> > is still being sought by the regime he ran from. If he
> wants to extend
> > his
> > house, have it adapted for disabled access, or change the
> use for whatever
> > reason, he runs a risk of being found if his details are published
> > worldwide. He
> > has committed no crime, he was just "on the wrong side".
> Can he never be
> > allowed a right to improve his home? He cannot lie on the
> form about who
> > he is, he
> > cannot remain anonymous, he doesn't mind his neighbours
> knowing about his
> > application because they know little of his background. How is the
> > Internet
> > different from a local planning process? That's how.
> People running from
> > violent
> > marriages, people being stalked, and others should be given
> a right to get
> > on
> > with their lives without the "small risk" as you call it,
> due to some
> > ill-conceived operation of convenience.
> >
> > A local system could still exist using the Internet. Register all
> > relevant
> > persons and issue a PIN or other identifier. Using the
> PIN, the people
> > who
> > need to know about planning applications in their area can
> do so. People
> > from
> > outside the area who just want names and addresses for junk
> mailing,
> > scamming or
> > other nefarious purposes, can get nothing. E-government
> targets are met,
> > personal data is protected and the right to a private life
> (Art 8 ECHR) is
> > maintained.
> >
> > Ian B
> >
> >
> > Ian Buckland
> > Managing Director
> > Keep IT Legal Ltd
> >
> > Please Note: The information given above does not replace
> or negate the
> > need
> > for proper legal advice and/or representation. It is
> essential that you do
> > not
> > rely upon any advice given without contacting your
> solicitor. If you need
> > further explanation of any points raised please contact
> Keep I.T. Legal
> > Ltd at
> > the address below:
> >
> > 55 Curbar Curve
> > Inkersall, Chesterfield
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> > (Reg 3822335)
> > Tel: 01246 473999
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