Planning policy

This privacy notice explains how Cheshire West and Chester Council uses personal information when delivering its Planning Policy service.

The Planning Policy service is responsible for preparing, reviewing and consulting on planning policy documents that help shape future development across the borough. This includes the Local Plan, minerals and waste plans, supplementary plans, policies map, neighbourhood plans, neighbourhood development orders, design codes, other guidance documents , Article 4 Directions and the evidence base documents that support planning policy decisions.

As part of these activities, we engage with residents, businesses, landowners, developers, community groups, statutory consultees and other interested parties. We collect and use personal information when you:

Submit comments on planning policy consultations.
Respond to consultations relating to Article 4 Directions.
Participate in neighbourhood planning processes.
Request to be informed about future planning policy consultations.
Provide information to support planning policy research and evidence gathering activities.
Engage with us in relation to planning policy matters.

The planning system is intended to be open and transparent. Information submitted as part of planning policy consultations, including representations made in response to Article 4 Direction consultations, will be published, reported on, or shared as part of statutory consultation, examination and decision-making processes. Where information is published, we will take reasonable steps to remove personal information that is not required to be made public, such as personal contact details, email addresses, telephone numbers and signatures.

This privacy notice explains what information we collect, how we use it, who we share it with, how long we keep it, the lawful basis for processing and your rights under data protection legislation.

What information we collect, use, and why

Whenever you contact us, respond to a consultation, submit representations, request updates about planning policy matters, or provide information to support planning policy work, we need to collect certain information. This helps us identify who has submitted information, understand the views being expressed, meet our statutory consultation obligations, and keep interested parties informed about future planning policy activities.

Personal Data

We collect the following personal data:

Name: To identify individuals, organisations, agents and other interested parties who submit comments or representations.
Postal address: To confirm the location of respondents where this is relevant to a consultation, to correspond with you by post where requested, and to maintain consultation records.
Email address: To acknowledge submissions, provide updates relating to consultations, respond to enquiries, and send notifications where you have requested these.
Telephone number: To contact you where clarification is required regarding information or representations you have submitted.
Organisation, company or group details: To identify organisations, businesses, community groups, statutory consultees, developers, agents and landowners who participate in consultations or evidence gathering exercises.
Representation and consultation responses: To record your views, comments, objections, support statements, evidence and suggestions submitted during planning policy consultations, neighbourhood planning processes and Article 4 Direction consultations.
Land ownership, land interest or agent details: Where voluntarily provided as part of consultation responses, site submissions, evidence gathering exercises or planning policy representations.
Consultation preferences: To record the types of planning policy consultations you wish to be notified about and your preferred method of contact.

Special Category Data

The Planning Policy service does not routinely request special category data as part of planning policy consultations.

However, individuals can choose to include special category information within consultation responses, representations, correspondence or supporting evidence. This can include information relating to:

Physical or mental health.
Disabilities or access requirements.
Religious beliefs.
Racial or ethnic origin.
Other sensitive personal circumstances raised in support of comments or representations.

Where this information is provided, we will only process it where necessary and in accordance with data protection legislation.

Criminal Offence Data

The Planning Policy service does not routinely collect criminal offence data.

However, individuals can include information relating to alleged offences, enforcement concerns or legal proceedings within consultation responses or correspondence. Where this occurs, the information will only be processed where necessary and in accordance with data protection legislation.

Sources of Information

We primarily collect information directly from you when you engage with the Planning Policy service. This can include information provided through consultation responses, online forms, correspondence, meetings, surveys, evidence gathering exercises, and requests to be added to our planning policy consultation database.

To support the development of planning policies and fulfil our statutory responsibilities, we can also obtain information from the following sources:

Residents, businesses and community groups: We receive information directly from individuals, local organisations, community groups and businesses who participate in planning policy consultations, neighbourhood planning activities, Article 4 Direction consultations and other engagement exercises.
Landowners, developers and planning agents: We receive information from landowners, developers and their representatives when they submit representations, site proposals, evidence, or comments relating to planning policy matters.
Town and Parish Councils: We receive information and consultation responses from local councils to help inform planning policy development and decision-making.
Statutory Consultees: We receive information, advice and consultation responses from organisations with specific responsibilities within the planning system. This can include government departments, environmental bodies, infrastructure providers, transport organisations and other public authorities.
Other Council Services: We obtain information from other departments within Cheshire West and Chester Council where it is relevant to the preparation of planning policy documents, evidence gathering activities, consultations or Article 4 Directions.
Other Local Authorities and Public Bodies: We receive information from neighbouring authorities and public sector organisations where planning matters cross administrative boundaries or where joint evidence and policy work is undertaken.
Independent Examiners and Programme Officers: Information can be received during the examination of Local Plans, neighbourhood plans, supplementary plans and other planning policy processes.
Government Agencies and Planning Inspectorate: We receive information from government agencies and the Planning Inspectorate as part of statutory planning processes, examinations and policy reviews.
Publicly Available Sources: We obtain information from publicly available sources, including published planning documents, consultation responses, Companies House records, Land Registry information, government publications, websites and other publicly accessible information relevant to planning policy matters.
Research and Evidence Gathering Activities: We collect information through surveys, questionnaires, stakeholder engagement activities and evidence gathering exercises undertaken to support the preparation, monitoring and review of planning policies, including the Local Aggregate Assessment and other evidence base documents.

We only collect information from these sources where it is relevant, necessary and lawful to support the Council's Planning Policy functions and statutory responsibilities. All information is handled in accordance with data protection legislation and the Council's information governance policies.

What is your personal information used for?

We use your personal information to:

Prepare, review and update planning policy documents, including the Local Plan, policies map, minerals and waste plans supplementary plans, neighbourhood planning documents, design codes and other planning policy guidance.
Manage and administer public consultation exercises, including recording, reviewing and responding to comments, representations and feedback received from residents, businesses, developers, statutory consultees and other interested parties.
Consider and report upon representations submitted in relation to Article 4 Directions, including the preparation of consultation reports and supporting decision-making processes.
Maintain consultation databases and mailing lists for individuals and organisations who have asked to be kept informed about planning policy consultations, examinations and related planning policy matters.
Communicate with you regarding planning policy consultations, evidence gathering exercises, neighbourhood planning matters, Article 4 Direction consultations and other planning policy activities.
Verify the identity of individuals, organisations, landowners, developers, planning agents and other parties who submit comments, representations or evidence.
Gather, analyse and publish evidence that supports the preparation, monitoring and review of planning policy documents and planning policy decisions.
Arrange and support independent examinations, hearings, public inquiries, neighbourhood planning examinations and other statutory planning processes.
Prepare consultation reports, committee reports, examination documents, evidence base documents and other planning policy publications.
Meet the Council's legal and statutory obligations under planning legislation and associated regulations.
Maintain accurate records of planning policy activity, consultation responses, correspondence, decisions and statutory processes.
Monitor and improve the effectiveness of planning policy consultations, community engagement activities and service delivery.
Produce statistical and management information to support planning policy development, service planning and reporting activities. Wherever possible, information used for these purposes will be anonymised or aggregated.
Respond to enquiries, complaints, requests for information and legal challenges relating to planning policy functions.

Who Do We Share Your Information With?

We only share your personal information where it is necessary, proportionate, lawful and relevant to the delivery of the Planning Policy service.

Your information will be shared with:

The Planning Inspectorate and persons appointed by the Secretary of State to examine Local Plans, policies map, minerals and waste plans, supplementary plans and other planning policy documents where consultation responses and supporting information are required as part of the statutory examination process.
Independent Examiners and Programme Officers involved in neighbourhood planning examinations, public examinations, hearings and other statutory planning processes. Where you request to participate in an examination hearing or other public examination process, your contact details will be shared with the relevant Programme Officer or examination administrator to make the necessary arrangements.
Town and Parish Councils involved in neighbourhood planning activities, consultations and the preparation of neighbourhood plans and neighbourhood development orders.
Statutory Consultees and Public Authorities where consultation responses, evidence or supporting information are required as part of statutory planning processes, consultation exercises or joint working arrangements.
Other Council Services where information is relevant to another Council function or required to support the Council's statutory responsibilities. This includes situations where comments raise matters that fall outside the scope of planning policy and need to be referred to another Council service for consideration or response.
Other Local Authorities and Public Bodies where planning matters cross administrative boundaries or where joint evidence gathering, policy development or consultation activities are undertaken.
The Public and Users of the Council's Consultation Portal. Planning policy consultations form part of a public planning process. Your name and comments will be made publicly available on the Council's consultation portal and will also be included within consultation reports, committee reports, examination documents, decision-making reports and other planning policy publications.
Members of the Public Viewing Planning Policy Documents. Consultation responses are made available for public inspection where this is required by planning legislation or associated statutory procedures.
Government Departments, Regulatory Bodies and Law Enforcement Agencies where disclosure is required by law, necessary to meet a legal obligation, prevent or detect crime, protect public funds, or support the exercise of official functions.
Organisations Supporting Planning Policy Evidence Gathering Activities where information is required to prepare or review evidence base documents, undertake research, or support planning policy development.

Planning policy consultations are conducted as part of a statutory and transparent planning process. Your name and comments will be made publicly available on the Council's consultation portal and will be included within consultation reports, committee reports, examination documents, decision-making reports and other planning policy publications.

Where comments are submitted on behalf of an organisation, the organisation's name will also be published.

Representations submitted in response to planning policy consultations, neighbourhood planning consultations and Article 4 Direction consultations form part of the public planning process and cannot normally be treated as confidential.

Personal information such as your home address, email address, telephone number and signature will not normally be published and will be treated as confidential unless disclosure is required by law.

Where consultation responses contain special category data, criminal offence data or other sensitive personal information, that information will not be published. Such information will be removed or redacted before consultation responses are made publicly available unless disclosure is required by law.

Information provided for the preparation of the Local Aggregate Assessment will be treated as confidential and will not be shared with third parties or published in a format that would enable an individual or company to be identified from the information supplied.

Data Processors

We use data processors to support the delivery of the Planning Policy service and to ensure your personal information is managed securely and efficiently. Data processors act on behalf of Cheshire West and Chester Council and are only permitted to process information in accordance with our instructions and contractual requirements.

Examples of data processors used by the Planning Policy service include:

Consultation and engagement systems used to manage public consultations, collect representations, maintain consultation databases and publish consultation responses.
Electronic document and records management systems used to securely store consultation responses, correspondence, reports, evidence base documents and other planning policy records.
Council-approved cloud hosting and IT service providers used to host and protect planning policy information and associated records.
Secure email and communication systems used to communicate with residents, businesses, developers, statutory consultees and other interested parties.
Business productivity and collaboration platforms used to create, manage, store and share information relating to planning policy activities.
Website and digital service providers that support the publication of planning policy documents, consultation materials, evidence base documents and consultation outcomes.

All data processors are subject to contractual controls and are required to implement appropriate technical and organisational measures to protect your personal information. They only process your information for the purposes specified by Cheshire West and Chester Council and must do so in accordance with data protection legislation.

Data Controller

Cheshire West and Chester Council is the Data Controller for the personal information processed as part of the Planning Policy service, including planning policy consultations, neighbourhood planning activities, Article 4 Direction consultations, consultation databases, and planning policy evidence gathering exercises.

As the Data Controller, the Council is responsible for determining how and why your personal information is used and for ensuring it is processed lawfully, fairly and securely in accordance with data protection legislation.

Where consultation responses or representations are submitted as part of a statutory planning process, Cheshire West and Chester Council remains responsible for the management, publication, retention and disclosure of that information in accordance with planning legislation and applicable data protection requirements.

If you have any questions about how your personal information is used, or wish to exercise your data protection rights, you can contact the Council's Data Protection Officer using the details provided in the "Your Rights" section of this privacy notice.

The Lawful Basis for Processing

Most of the personal information processed by the Planning Policy service is processed under:

UK GDPR Article 6(1)(e) – Public Task: Processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in Cheshire West and Chester Council.

This applies where we use personal information to carry out our statutory planning policy functions, including:

Preparing, reviewing, monitoring and updating planning policy documents.
Undertaking planning policy consultations.
Managing and considering consultation responses and representations.
Supporting neighbourhood planning activities.
Preparing evidence base documents and supporting research.
Consulting on and considering representations relating to Article 4 Directions.
Supporting examinations, hearings and other statutory planning processes.
Publishing consultation responses and consultation outcomes where this is required as part of the statutory planning process.

The Council’s planning policy functions are carried out under legislation which includes, but is not limited to:

Planning and Compulsory Purchase Act 2004.
Levelling-up and Regeneration Act 2023.
Town and Country Planning Act 1990.
Localism Act 2011.
Town and Country Planning (Local Planning) (England) Regulations 2026.
Neighbourhood Planning (General) Regulations 2012.
Town and Country Planning (General Permitted Development) (England) Order 2015, including provisions relating to Article 4 Directions.

For Article 4 Directions, the Council is required to give notice of the making of a Direction and invite representations before deciding whether to confirm it. Comments and representations submitted in response to Article 4 Direction consultations are therefore processed as part of the Council’s public task and official authority.

Statutory Consultations and Consultation Records

Planning policy consultations form part of a public planning process. If you submit comments or representations in response to a planning policy consultation, neighbourhood planning consultation or Article 4 Direction consultation, we will process your information as part of our statutory planning functions.

The Council is required to operate planning consultations in an open and transparent manner and to make consultation responses available as part of statutory planning processes and public examination procedures.

We are unable to accept anonymous comments because we need to identify who has made a representation, manage the consultation process appropriately, demonstrate that representations have been duly made and comply with relevant planning procedures.

Your name and comments will be made publicly available on the Council's consultation portal when displaying and reporting the outcome of a consultation. Your comments will also be included within consultation reports, committee reports, examination documents, decision-making reports and other planning policy publications.

Where comments are submitted on behalf of an organisation, the organisation's name will also be published.

This includes representations submitted in response to Article 4 Direction consultations, which are published, reported on and considered as part of the statutory decision-making process.

Consultation responses are made available for public inspection where this is required by planning legislation or associated statutory procedures.

As these consultation processes are public, your name and comments cannot normally be treated as confidential.

Personal information such as your home address, email address, telephone number and signature will not normally be published and will be treated as confidential unless disclosure is required by law.

Where consultation responses are required as part of an examination or statutory planning process, they will be shared with the Planning Inspectorate, the Secretary of State, an Inspector, Examiner or a person appointed on behalf of the Secretary of State. Comments made on neighbourhood planning documents will be shared with an independent examiner where required as part of the examination process. If you request to participate in an examination, hearing or similar process, your contact details will also be shared with the Programme Officer or relevant administrator to make the necessary arrangements.

If your comments include matters that fall outside the scope of the Planning Policy service, we share your details with another Council service so that they can consider your comments or respond directly to your enquiry.

Removal from Consultation Databases and Previously Submitted Comments

If, after submitting comments on a planning policy document, neighbourhood planning matter or Article 4 Direction consultation, you ask us to remove your details from our consultation database, we will remove your contact details where appropriate.

However, this does not mean that comments or representations already submitted can automatically be removed from the statutory planning record.

Where comments have already been considered as part of a consultation, examination, hearing or decision-making process, or where they have informed changes to a planning policy document, neighbourhood planning document or Article 4 Direction, they will continue to form part of the official planning record.

In these circumstances, your name and submitted comments will continue to be retained, published and disclosed where necessary to support transparency, public participation and the Council’s statutory planning functions.

Where comments have not yet been considered as part of a statutory process, the Council will consider requests to withdraw representations and explain whether the comments can still be removed and whether they will be taken into account as part of the consultation process.

Consultation Mailing Lists and Notifications

You can ask us to add your details to our Planning Policy consultation database so that we can keep you informed about future consultations and related planning policy matters. You can do this whether or not you have submitted comments on a consultation.

Where you ask to receive these updates, we process your contact details under:

UK GDPR Article 6(1)(a) – Consent

This includes notifications about:

Future planning policy consultations.
Neighbourhood planning matters.
Article 4 Direction consultations.
Publication of inspectors’ or examiners’ recommendations.
Adoption of planning policy documents.
Other planning policy activities that you have asked to be kept informed about.

You can choose which consultations and documents you would like to receive information about and whether you would prefer to be contacted by email or post. We prefer to use email where possible as this reduces paper consumption and enables more efficient communication.

If you are represented by an agent, we will normally send notifications to your agent unless you have specifically requested that correspondence is sent directly to you.

You can withdraw your consent at any time by contacting the Planning Policy service:

Email: planningpolicy@cheshirewestandchester.gov.uk
By post: Planning Policy, Cheshire West and Chester Council, The Portal, Wellington Road, Ellesmere Port, CH65 0BA

If you withdraw your consent, your details will be removed from the relevant mailing lists and you will no longer receive future notifications.

The withdrawal of consent applies only to future notifications and consultation mailing lists. Consultation responses and representations submitted as part of a statutory planning process are processed under UK GDPR Article 6(1)(e) Public Task rather than consent.

Withdrawing consent for future notifications does not affect the lawfulness of any processing carried out before consent was withdrawn. It also does not affect consultation responses or representations already submitted as part of a statutory planning process.

Evidence Gathering and Local Aggregate Assessment

The Planning Policy service contacts individuals, businesses, organisations, landowners, developers and operators to gather information for planning policy evidence base documents, including the Local Aggregate Assessment and other technical studies that support planning policy development and review.

Where information is collected for these purposes, we explain why it is needed and how it will be used. Any confidentiality commitments made as part of a specific evidence-gathering exercise will be honoured and reflected in how the information is handled.

Information provided through annual aggregate surveys or for the preparation of the Local Aggregate Assessment will be treated as confidential and will not be shared with third parties or published in a format that would enable an individual or company to be identified from the information supplied. Any information published will be aggregated and anonymised to ensure that commercially sensitive data relating to individual operators cannot be inferred.

Special Category Data

The Planning Policy service does not routinely request special category data.

However, individuals sometimes include information relating to their health, disability, religious beliefs, ethnicity or other sensitive personal circumstances within consultation responses, representations, correspondence or supporting documents.

Where this occurs, the Council will only process the information where it is necessary and lawful to do so.

Where special category data is included within consultation responses, that information will not be published. Such information will be removed or redacted before consultation responses are made publicly available unless disclosure is required by law.

In most cases, special category data is not required for planning policy consultations and should not be included within representations unless it is directly relevant to the matters being raised. Where special category data is processed, the Council relies on:

UK GDPR Article 9(2)(g) – Substantial Public Interest

Processing is necessary to enable the Council to carry out its statutory planning functions, manage public consultation processes, consider representations and support lawful planning policy decision-making.

International Data Transfers

The Planning Policy service primarily stores and processes personal information within the United Kingdom.

In the normal delivery of the service, your personal information is not transferred outside the United Kingdom.

Some of the systems and technology services used to support planning policy activities are provided by organisations that operate internationally. Where personal information is transferred outside the United Kingdom, or where information is accessed from outside the United Kingdom on our behalf, Cheshire West and Chester Council will ensure that appropriate safeguards are in place to protect your personal information and maintain your rights and freedoms.

Where an international transfer is necessary, we will ensure that at least one of the following safeguards applies:

The personal information is transferred to a country that has been recognised as providing an adequate level of protection for personal information.
The transfer is covered by an International Data Transfer Agreement (IDTA), International Data Transfer Addendum or other legally approved transfer mechanism.
Appropriate technical and organisational security measures are in place to protect the information being transferred.

We will only permit international transfers where they comply with UK data protection legislation and where appropriate protections are in place.

If you would like further information about any international transfers relating to the Planning Policy service, you can contact the Council's Data Protection Officer using the contact details provided in this privacy notice.

Retention Period

We will only retain your personal information for as long as necessary to fulfil the purposes for which it was collected, comply with legal and regulatory requirements, support statutory planning processes and maintain an appropriate historical record of planning policy decisions.

In practice, this means:

Local Plans, policies map, supplementary plans, neighbourhood plans and other adopted planning policy documents are retained permanently as part of the Council's historic planning record.
Planning policy consultation records, including objections, representations, inquiries and consultation documentation, are generally retained for 15 years after the relevant decision or conclusion of the process.
High-profile, significant or controversial planning policy schemes and consultation records are retained permanently where they form part of the borough's historic planning record.
Details held solely for planning policy consultation mailing lists and notification services are reviewed regularly and retained only for as long as necessary to provide the service or until you withdraw your consent.
Information collected as part of planning policy evidence-gathering exercises, including the preparation of evidence base documents, is retained in accordance with the Council's Corporate Retention Schedule and the specific purpose for which the information was obtained.

Where records reach the end of their retention period, they will be securely destroyed or reviewed for transfer to the Council's archives where they have historical, evidential or research value.

Your Rights

The UK GDPR provides you with a several rights to control what personal information is used by us and how it is used by us.

Further guidance about these rights can be accessed from the Information Commissioner’s Office (ICO) website

If you are not happy about the way your personal data is being used, or you require further information about how we process your personal data, you can contact Council’s Data Protection Team:-

Online: Contact the DPO
By post: Data Protection Officer, The Portal, Wellington Road, Ellesmere Port, CH65 0BA

You also have the right to complain to the Information Commissioner’s Office using the following details:

Website: Information Commissioner's Office (ICO)
Instant Message: Live Chat
By post: The Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF
Telephone: 0303 123 1113