How we use your information
Aberdeen City Council has a statutory function under section 43A of the Town and Country Planning (Scotland) Act 1997 to review Notices of Review to the Local Review Body. As part of this process we may use the personal information you provide when submitting a Notice of Review to the Local Review Body for the purposes of reviewing your planning application. Aberdeen City Council will not use this information for any other purpose.
The Council will review your case and share the personal information you provide in accordance with The Town and Country Planning (Schemes of Delegation and Local Review Procedure) (Scotland) Regulations 2013. The Council will share the information provided along with your name and home address with:
- The planning authority;
- the members of the Local Review Body determining your application; and
- any interested party or individual who has made a representation regarding your planning application.
The Council will not share any other details such as your phone number or email address.
In processing your Notice of Review, the Council will also publish an agenda on our website and this will include all documents referred to by the Appointed Officer when determining your planning application and the notice of decision. All of which are available for inspection to any member of the public during normal office hours at the planning reception, ground floor, Marischal College, Broad Street, Aberdeen; via the Planning Portal on the Council’s website; and will also be contained as part of the agenda for the Local Review Body meeting, alongside your Notice of Review and accompanying statement (including all documents accompanying it); and any representations received by interested parties or individuals in accordance with the Regulations.
In preparing the agenda for the Local Review Body meeting, the information provided to us is uploaded to an electronic committee management system which enables the publishing of the agenda on the Council’s website and is retained on this system in accordance with procedure and timescales referred to below.
The Council does not share the information you provided with any other third parties, unless we are authorised or required to do so by law.
How long we keep your information for
Following the conclusion of the review by the Local Review Body, whether by withdrawal or determination of the appeal:
- A copy of the agenda will be retained for six years as stated by the Local Government (Scotland) Act 1973 and permanently available on the Council’s website;
- a minute of the meeting of the Local Review Body will be retained permanently;
- all correspondence in respect of the Notice of Review will be destroyed 6 months following the decision of the Local Review Body being notified; and
- the decision of the Local Review Body is published on the planning register, along with all other documents in respect of the initial planning application and Notice of Review on a permanent basis.
You’ve got legal rights about the way the Council handles and uses your data, which include the right to ask for a copy of it, and to ask us to stop doing something with your data. See the Your data page for more information about all of the rights you have.
You also have the right to make a complaint to the Information Commissioner’s Office. They are the body responsible for making sure organisations like the Council handle your data lawfully.
Our legal basis
Aberdeen City Council is the Data Controller for this information. Wherever the Council processes personal data, we need to make sure we have a legal basis for doing so in data protection law. The Council understands our legal bases for processing personal data in relation to the Local Review Body as 6(1)(c) and 6(1)(e) of the General Data Protection Regulation. This is because this activity is part of our public task, and something we have to do by law, as set out in the Town and Country Planning (Scotland) Act 1997 (Section 43A) and the Town and Country Planning (Schemes of Delegation and Local Review Procedure) (Scotland) Regulations 2013.