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Planning Advisory Service (PAS)
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Can a Council with hold reps from public domain following a consultation ex

Former Member, modifié il y a 13 années.

Can a Council with hold reps from public domain following a consultation ex

Does anyone know the answer? I am acting for a client who's site was promoted in a SHLAA. Since then the LPA has undertaken a consultation exercise to which two responses were submitted to the LPA concerning my client's site. Neither response was from myself or my client. I have since made a request to the LPA to find out the names of the people who submitted the responses. The LPA have confirmed that they hold the information that I require, but wish to withhold the information. Can they do this???? They claim that when the responses were made to the SHLAA consultation there was no expectation on the part of the individuals that their personal information would be disclosed to any third party and therefore the LPA holds the opinion that if they were to disclose this information they would be in contravention of the Data Protection Act 1998. Any heads of Planning Policy Teams out there are you able to advise accordingly? Hope to hear soon.
Former Member, modifié il y a 13 années.

Re: Can a Council with hold reps from public domain following a consultatio

Hi We came across the same issue (from the Councils' perspective) with our SHLAA. The problem is that unless it was clearly stated on the call for sites/consultation form that personal details may be made public, we are unable to then disclose those details to third parties, because of data protection law. To support communication between parties in the plan-making process, we decided that where contact details were requested, we would go back to the person whose details we held, let them know that somebody was enquiring about the site and wanted their contact details, and passed on the enquirer's contact details to them. That way, it's up to the individual concerned whether they want to get in contact with the third party or not. I therefore suggest you speak to the Council again and suggest that your details are passed on to the respondents, with a message requesting that they contact you directly if they wish to discuss the site. That way the ball is in their court, and the Council hasn't disclosed any personal information about the respondents. To avoid this issue in the future, when we next do a consultation or any sort of call for information for the SHLAA, we are going to clearly state that personal details may be made publically available. I hope that helps and makes sense! Harriet
Former Member, modifié il y a 13 années.

Re: Can a Council with hold reps from public domain following a consultatio

Harriet, Many thanks for your kind response. That seems a sensible solution to my problem - I try a change of tact. Regards
Former Member, modifié il y a 13 années.

Re: Can a Council with hold reps from public domain following a consultatio

No such thing as a stupid question? Well here goes. Why does anybody need to know the personal details of a party submitting comments to a consultation on a land use issue? Surely the bit that matters is what is said, not who said it? I think the suggestion of acting as a go between, where such an inquiry is made, is a very good one, Any other question of this type, would have to suggest a wish to apply some sort of pressure for the withdrawl of a negative submission.