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Tree Preservation Orders - Privacy Notice

Both South Hams and West Devon Councils takes your privacy seriously and will only keep and use your personal information for reasons law requires or allows.

The Council is the data controller for the personal information it holds about you in relation to tree protection. What follows is an explanation of how the Council will use this information; who it will be shared with and how long the Council will keep it.

What information we hold

The personal information the Council holds for this service is:

  • details of owners of trees in relation to the service of new Tree Preservation Orders.
  • details of the person(s) applying for consent for works to trees subject to a Tree Preservation Order or giving notice of proposed works to trees in a conservation area and, if applicable, their agent and consultants.
  • details of person(s) who have an interest in the land, subject of the application.
  • details of consultees and the person(s) who have commented on the application.

What we will use your information for

Personal information is used for tasks carried out in the public interest in accordance with Town and Country Planning (Tree Preservation)(England) Regulations 2012 and Town and Country Planning Act 1990.


Sharing your personal information

The publicity of the application for tree works consent or conservation area tree work notification and consultations with town and parish councils.

The Council may also share your personal information with service areas within the Council or other relevant organisations for purposes which may include law enforcement.

Finally, you should be aware that the Council has a duty to protect public funds. It may therefore use the personal information for the prevention or detection of fraud and may therefore be required to share this personal information with other bodies for these purposes.


The length of time that the Council may keep your information

The Council will only keep this personal information for as long as is necessary. Records relating to the creation, implementation and monitoring of Tree Preservation Orders are required to be retained from the date of the serving of the order until tree no longer exists or as required by law. Records relating to Conservation Area Notifications are required to be retained permanently or as required by law.


Your rights

You have certain rights with regard to your personal information. However not all of these rights will be available to you in all situations, particularly where the processing of your information is necessary for the Council to carry out its duties and powers. For more information about your rights, please contact the Council.

For how to contact the Council about data protection matters or how to make a complaint about how your personal information has been handled by the Council, please see below.


The Data Controller

The Data Controllers for this information are

South Hams District Council,
Follaton House,
Plymouth Road,
Totnes,
TQ9 5NE

and

West Devon Borough Council,
Kilworthy Park
Drake Road
Tavistock
PL19 0BZ.


Data Protection Officer

The Councils have a duty to appoint a Data Protection Officer. The Council's Data Protection Officer is Drew Powell, South Hams District Council/West Devon Borough Council, Follaton House, Plymouth Road, Totnes, Devon TQ9 5NE

If you have any queries about our privacy notices or would like to exercise your data rights or make a complaint, please contact the Data Protection Officer. You can do this by emailing data.protection@swdevon.gov.uk, telephoning 01803 861234 or writing to them at:

Data Protection Officer,
South Hams District Council/West Devon Borough Council,
Follaton House,
Plymouth Road,
Totnes,
Devon
TQ9 5NE


Transferring Data outside of the EU

Your information will not be transferred outside the EU by South Hams District Council or West Devon Borough Council.


Individual rights

You have a number of rights under the General Data Protection Regulations. These can be found on the ICO website.

If you would like to exercise any of these rights, please email data.protection@swdevon.gov.uk.


Complaints

If you are not happy with how we have handled your complaint, you have the right to contact the Information Commissioner's Office to raise your concerns about how we have processed your information or how we have responded to your request to exercise any of your rights in relation to your information:

  • Telephone them on 0303 123 1113
  • Visit their website at www.ico.org.uk/concerns
  • Write to them at Information Commissioner's Office

Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF

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