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Development and Building Control's privacy policy and retention schedules

Introduction

Development and Building Control are registered as a ‘data controller’ under the Data Protection (Jersey) Law 2018 as we collect and process personal information about you. (Registration 15801)  We are part of the Regulation Group which sits under Infrastructure, Housing and Environment.

We process and hold your information in order to provide public services and meet our statutory obligations. This notice explains how we use and share your information. Information may be collected on a paper or online form, by telephone, email, or by a member of our staff, or in some cases, by another States department.

We will continually review and update this privacy notice to reflect changes in our services and feedback from service users, as well as to comply with changes in the law.

We collect the following Information about you

  • name and title
  • home and / or business address
  • telephone number
  • email address
  • proposed changes you wish to make, and/or changes you have made, to your land or property
  • financial information
  • health and family information where it may impact on the outcome of a development control application
  • vehicle registration number where your application relates to the import of a motor home

Why we collect information about you

We need to collect and hold information about you, in order to:

  • process and determine development control and building bye-law applications
  • so your comment(s) on proposed changes to land or property can be considered
  • investigate, regulate and where necessary prosecute where a breach of development control and / or building by-laws has occurred
  • provide information relating to land or buildings
  • answer your query and investigate complaints relating to our service provision and standards
  • to process financial transactions (where charges apply)

How we will use the information we hold about you

We will use the information you provide in a manner that conforms with the Data Protection (Jersey) Law 2018 and endeavour to keep your information accurate and up to date. We will process your information for the following purposes:

  • to carry out the service you have requested
  • liaise with our statutory consultees to ensure your proposed development meets the requirements of the Island Plan and any other relevant legislation 
  • to monitor and improve our performance in responding to your service request
  • to ensure that we meet our legal obligations
  • where necessary for our law enforcement functions
  • to prevent and detect criminal offences under the Planning and Building (Jersey) Law 2002
  • where necessary to protect individuals from harm or injury
  • to allow the statistical analysis of data so we can plan the provision of services

We will not pass any personal data on to anyone outside of the Government of Jersey, other than to those who either process information on our behalf,  or where we are required to assist other organisations in fulfilling their legal obligations or because of a another legal requirement. 

We will only do this, where possible, after we have ensured that sufficient steps have been taken by the recipient to protect your personal data and where necessary we will ensure that the recipient has signed a data sharing agreement. 

A data sharing agreement sets out the purpose of the sharing and the rules that must be followed when processing your data.  Copies of our data sharing and processing agreements are available for you to view upon request.

Data Processing

We use the following organisations to process information on our behalf.

​Organisation​Reason for processing
​Northgate Public Services​For system development and support maintenance as software suppliers for our Planning, Building and Compliance system
C5 Alliance​For system development and support maintenance as software suppliers for our Planning and Building system, portal and website, and Robotic Process Automation (RPA) technology
TCB Consulting​For system development and support maintenance as software suppliers for Planning and Building property searches




Information processed outside of the European Economic Area ('EEA')

We do not process any personal data overseas using web services that are hosted outside the European Economic Area.

Data sharing

We may need to pass your information to other Government of Jersey (GOJ) departments or organisations to consult with them on your proposed development. These departments and organisations are obliged to keep your details securely, and only use your information for the purposes of commenting on your application.

​Organisation​Examples of reasons for sharing​Legal basis
​Airport (Ports of Jersey)​Consulted on any applications in the airport safety or noise zones.  Also  applications that may affect flight operations (ie: wind turbines, solar panels, flag poles, etc.)  

​Planning & Building (Jersey) Law 2002

The Airports Act 1986 (Jersey) Order 2000

Air Navigation (Jersey) Law 2014

Aerodromes (Administration) (Jersey) Law 1952

​Arboriculturist  ​Consulted on High Hedge applications, tree preservation orders and removal of trees, particular on major developments, as well as landscaping proposals.

​Planning & Building (Jersey) Law 2002

High Hedges (Jersey) Law 2008

​Transport section of GHE​Consulted on applications involving a new or altered access. Also applications that may result in an increase in traffic movements. Advert applications where signs are large, projecting or flashing.

​Planning & Building (Jersey) Law 2002

Highways (Jersey) Law 1956

Highway Encroachments (Jersey) Regulations 1957

Roads Administration (Jersey) Law 1960

​Drainage section of GHE​Consulted on applications that may create additional liquid waste or surface water run-off if not connected to mains drains or other drainage system.

​Planning & Building (Jersey) Law 2002

Drainage (Jersey) Law 2005


​Tourism​Applications relating to tourist accommodation (ie: hotels, guest houses, self-catering, campsites, hostels holiday villages, etc.) or tourism support infrastructure.

Planning & Building (Jersey) Law 2002

Building Bye-Law (Jersey) 2007

Tourism Jersey Law & Tourism General Provisions Order

​EducationConsulted on applications for education facilities or which are adjacent to schools and nearby residential developments that have more than 60 bedrooms.

​Planning & Building (Jersey) Law 2002

Building Bye-Law (Jersey) 2007

​Environmental Health section of GHE​Consulted on applications in relation to the sale, preparation, processing of food / drink. Any place of public resort or entertainment. Also any application that may have an affect on, or be a nuisance to health or environment (ie: noise, vibration, dust, air quality, fumes, odours, asbestos, light energy, contamination, etc.)

​Planning & Building (Jersey) Law 2002

Building Bye-Law (Jersey) 2007

Statutory Nuisances (Jersey) Law 1999

Public Health and Safety (Rented Dwellings) (Jersey) Law 2018

​Environmental Protection section of GHE​Consulted on applications related to waste and water activities. Also will include applications which may require advice on pollution control, pollution prevention, environmental sustainability and contaminated land.

Planning & Building (Jersey) Law 2002

Water Resources (Jersey) Law 2007

Water Pollution (Jersey) Law 2000
Water (Jersey) 1972 Law

​Environment Land Control section of GHE​Consulted on applications for new agricultural developments, changes of use of agricultural land / buildings and the varying or removal of agricultural conditions.

​Planning & Building (Jersey) Law 2002

Agricultural Land (Control of Sales and Leases) (Exempted Transactions) (Jersey) Regulations 1974

Agricultural Land (Control of Sales and Leases) (Jersey) Law 1974

​Natural Environment section of GHE​​Consulted on applications where development may have an effect on the surrounding natural environment. (eg, greenfield and brownfield sites, loss of natural habitat, impact on trees and woodland, ponds or streams, various species, sites of special interest) 

Planning & Building (Jersey) Law 2002

​Conservation of Wildlife (Jersey) Law 2000

​Marine Resources section of GHE​Consulted on offshore infrastructure projects, or on applications for fisheries development.

​Planning & Building (Jersey) Law 2002

Food and Environment Protection Act 1985 (Jersey) Order 1987

​Rural Economy section of Office of the Chief ExecutiveConsulted on applications for agricultural or other rural developments.

Planning & Building (Jersey) Law 2002

Building Bye-Law (Jersey) 2007

​Fire and RescueConsulted on applications where development is in / near hazardous installation sites or involves public safety.

​Planning & Building (Jersey) Law 2002

Building Bye-Law (Jersey) 2007

Fire and Rescue Service (Jersey) Law 2011

Fire Precautions (Jersey) Law 1977

​Solid Waste / Recycling / Contaminated Land section of GHE​Applications for major developments where demolition waste is significant and refuse / recycling provision is required. Also Applications involving potentially contaminated land.

​Planning & Building (Jersey) Law 2002

Waste Management (Jersey) Law 2005

Drainage (Jersey) Law 2005

​Harbours (Ports of Jersey)​Consulted on applications within the harbours or on land near by that may affect harbour operations.

​Planning & Building (Jersey) Law 2002

Harbours (Administration) (Jersey) Law 1961

​Health and Safety Inspectorate​Applications for development in a hazardous installation site, or involving storage or use of hazardous substances. Developments of potentially contaminated land as well as applications for the creation of a quarry or reservoir.

​Planning & Building (Jersey) Law 2002

Health and Safety (Management in Construction) (Jersey) Regulations 2016

Health and Safety at Work (Jersey) Law 1989

​Historic Environment​Consulted on applications relating to a listed building / place and on an archaeological site.

​Planning & Building (Jersey) Law 2002

Building Bye-Law (Jersey) 2007

​Strategic Housing UnitApplications that need a consultation regarding housing policy such as social housing needs / requirements. Also
any loss of residential accommodation (i.e. flat or dwelling).

​Planning & Building (Jersey) Law 2002

Building Bye-Law (Jersey) 2007

Control of Housing and Work (Jersey) Law 2012

​Jersey Farmer's UnionApplications for new, or changes of use to, sheds and glass houses. Also applications resulting in a loss of agricultural land.

​Planning & Building (Jersey) Law 2002

Building Bye-Law (Jersey) 2007

Agricultural Land (Control of Sales and Leases) (Exempted Transactions) (Jersey) Regulations 1974

Agricultural Land (Control of Sales and Leases) (Jersey) Law 1974

​Jersey Sport / Sport section of GHEConsulted on applications for new, or adjacent to existing, sports facilities.

​Planning & Building (Jersey) Law 2002

Building Bye-Law (Jersey) 2007

​Jersey Water​Applications for commercial developments and other developments that are not connected to mains drains.  All applications in the water protection safeguard area.

Planning & Building (Jersey) Law 2002

Building Bye-Law (Jersey) 2007
Water (Jersey) Law 1972

Water Pollution (Jersey) Law

Water Resources (Jersey) Law 2007

Reservoirs (Jersey) Law 1996

​Parks and GardensAny application affecting the island’s parks or open public spaces​​Planning & Building (Jersey) Law 2002

​Parishes​Applications for major developments in a parish.  Also applications that may affect visibility splays on parish roads.

Planning & Building (Jersey) Law 2002

Highway Encroachments (Jersey) Regulations 1957

Highways (Jersey) Law 1956

​Population OfficeApplications related to strategic residential development.  Also changes to lodging accommodation requirements.

​Planning & Building (Jersey) Law 2002

Building Bye-Law (Jersey) 2007

Control of Housing and Work (Jersey) Law 2012

​States of Jersey Police

​Consulted on a variety of development types, including, but not limited to; projecting or illuminated signs, large developments for housing, office, industrial, retail and leisure schemes. Also developments involving sale of food and drink, as well as applications affecting transport infrastructure.

Detection, investigation and prevention of crime.

Apprehension of a person that may have committed an offence.

​Planning & Building (Jersey) Law 2002

Building Bye-Law (Jersey) 2007

Control of Housing and Work (Jersey) Law 2012

Police Procedures and Criminal Evidence (Jersey) Law 2003


​States vet​Consulted on applications such as kennels, catteries, etc.

​Planning & Building (Jersey) Law 2002

Animal Welfare (Jersey) Law 2004

Other forms of sharing

If we need to disclose any sensitive or confidential information about you, we will only do so if absolutely necessary or once we have obtained your consent where appropriate or unless we are legally required to do so. Examples of this include, but are not limited to: where the disclosure is necessary for the purposes of the prevention and/or detection of crime or for the purposes of meeting statutory obligations.

At no time will your information be passed to organisations for marketing or sales purposes or for any commercial use without your prior express consent.

Data Security

We have put appropriate security measures in place to prevent your personal data from being used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to only those employees, agents, contractors and other third parties who have a legal or legitimate business need to know.

All of our staff have received training on data protection awareness and security. We have procedures in place to deal with any suspected personal data breach and will notify you and the Office of the Information Commissioner of any breach where we are legally required to do so.

Publication of your information

We may need to publish your information on our website and/or in the Jersey Gazette for the following reasons:

  • where we are required by law to publicise certain information, for example the name of an applicant submitting a planning application
  • in the interests of demonstrating a fair and transparent decision making process, for example the comments of someone objecting to a planning application
  • where we are required to provide statistical information about a group of people; although your data will be anonymised to protect your identity
  • where you have responded to a public consultation, although your comments will be anonymised to protect your identity.
  • we will not publish any of your sensitive personal information unless there is a requirement for us to do so in order to carry out our statutory functions.  For example: where information about a disability or illness is crucial in determining the outcome of a planning application, which would otherwise be refused as it contravenes the Policies of the Jersey Island Plan.

Information published as part of a planning application

We may not be able to provide you with a service unless we have enough information or your permission to use your information.

We will not pass any personal data on to anyone outside of the Government of Jersey, other than those who either process information on our behalf, or because of a legal requirement.  We will only do this, where possible, after we have ensured that sufficient steps have been taken by the recipient to protect your personal data and where necessary we will ensure that the recipient has signed a data sharing agreement.  A data sharing agreement sets out the purpose of the sharing and the rules that must be followed when processing your data.  

We will not disclose any information that you provide ‘in confidence’, to anyone else without your permission, except in the few situations where disclosure is required by law, or where we have good reason to believe that failing to share the information would put someone else at risk. You will be told about this.

How long we keep information about you

We will endeavour not to keep your information for longer than is necessary. In some instances the law sets the length of time information has to be kept. Our retention schedule is available for you to view at the bottom of this page. This sets out what information we hold, how long we plan to keep it for and what we plan to do with it at the end of its lifecycle.

In some instances we will not be able to remove your data automatically from our files because of the limitations of some of our legacy processes and systems. There are also some instances where we are still working towards meeting the requirements set out in our retention schedules.

If you are concerned about us continuing to hold your personal information you can contact us to ask that we remove the data immediately. We will always seek to comply with your request but we may require further information from you to be able to locate your data or we may still be required to continue to hold or process your information in order to comply with a legal requirement.

Telephone calls

We do not record or monitor any telephone calls you make to us using recording equipment, although if you leave a message on our voicemail systems your message will be kept until we are able to return your call or make a note of your message. File notes of when and why you called may be taken for record keeping purposes. We will not pass on the content of your telephone calls, unless is it necessary for us to do so; either to fulfil your request for a service; to comply with a legal obligation, or where permitted under other legislation.

Emails

If you email us we may keep a record of your email address and a copy of the email for record keeping purposes. For security reasons we will not include any confidential information about you in any email we send to you. We would also suggest that you keep the amount of confidential information you send to us via email to a minimum or use our secure online services where possible or correspond with us by post. We will not share your email address or your email contents unless is it necessary for us to do so; either to fulfil your request for a service; to comply with a legal obligation, or where permitted under other legislation.

Your rights

You can ask us to stop processing your information

You have the right to request that we stop processing your personal data in relation to any of our services. However, this may cause delays or prevent us delivering a service to you. Where possible we will seek to comply with your request but we may be required to hold or process information to comply with a legal requirement.

You can withdraw your consent to the processing of your information

In instances where the processing of your information can only be carried out with your consent, you have the right to withdraw your consent to the further processing of your personal data.  However, this may cause delays or prevent us delivering a service to you. We will always seek to comply with your request but we may be required to hold or process your information in order to comply with a legal requirement.

You request that the processing of your personal data is restricted

You have the right to request that we restrict the processing of your personal information.  You can exercise this right in instances where you believe the information being processed in inaccurate, out of date, or there are no legitimate grounds for the processing. We will always seek to comply with your request but we may be required to continue to process your information in order to comply with a legal requirement.

You can ask us to correct or amend your information

You have the right to challenge the accuracy of the information we hold about you and request that it is corrected where necessary.  We will seek to ensure that corrections are made not only to the data that we hold but also any data held by other organisations/parties that process your data on our behalf.

You can ask us for a copy of the information we hold about you

You are legally entitled to request a list of, or a copy of any information that we hold about you. You can submit a subject access request (SAR) using our online form.

However where our records are not held in a way that easily identifies you, for example a land registry, we may not be able to provide you with a copy of your information, although we will do everything we can to comply with your request.

Planning, Building and Compliance retention schedule

Complaints

If you have an enquiry or concern regarding the Government of Jersey processing your personal data you can contact the Central Data Protection Unit.

You can also complain to the Jersey Office of the Information Commissioner about the way your information is being used.


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