Privacy notices: Planning and property services

List of all privacy notices for self build registration, public access registration, planning enforcement, application process, consultation for call for sites, CIL, Section 106, local land charges, property services.

Community Infrastructure Levy (CIL), S106 and Suitable Alternative Natural Greenspace (SANG): Privacy notice

Who we are

Planning – CIL, S106 and SANG
Royal Borough of Windsor and Maidenhead
Town Hall, St Ives Road
Maidenhead SL6 1RF
Email: cil@rbwm.gov.uk 

The lawful basis for processing the information

We process personal data under the following lawful basis:

Article 6(1)(c) UK GDPR – Legal obligation, as required under:

  • The Town & Country Planning Act 1990.
  • Planning and Compulsory Purchase Act 2004.
  • Planning Act 2008 (as amended by Part 6 of the Localism Act 2011).
  • The Town and Country Planning (Local Planning)(England) Regulations 2012, as amended
  • Community Infrastructure Levy Regulations 2010, as amended EC Directive 92/43/EEC on the Conservation of Natural Habitats and of Wild Fauna and Flora.
  • EC Directive 79/409/EEC on the Conservation of Wild Birds.
  • The Conservation of Habitats and Species Regulations (2017 (Habitat Regulations)

These laws require the Council to assess and secure mitigation for development impacts on the Thames Basin Heaths SPA, including SANG and SAMM contributions.

How do we collect your information

We collect personal data from:

  • Applications submitted via the Planning Portal.
  • Forms, emails and letters sent directly to the Council.
  • Section 106 negotiations and agreements.
  • CIL forms and declarations.
  • Pre-application enquiries.
  • Appropriate Assessment submissions.
  • Third-party SANG providers and their representatives.
  • Solicitors acting for purchasers or developers. 

What type of information is collected

As part of CIL, S106 and SANG administration and collection we collect:

  • Names, addresses, and contact details of applicants, developers, agents and landowners.
  • Email addresses, telephone numbers and correspondence history.
  • Site address and development details.
  • Bank details for payment of CIL, S106, SAMM and SANG charges (where applicable).

In some circumstances we will also collect:

  • Details of directors and company secretaries of businesses potentially liable for the CIL charge and land registry documents.
  • Names and addresses of potential house purchasers from their acting Solicitor and anyone requesting property history, copies of planning documents or general planning advice.
  • Information associated with SANG/SAMM mitigation agreements.

How we use the information you have provided

The data collected is recorded in:

  • The Council’s Planning system (Uniform). 
  • Exacom (CIL, S106 and mitigation monitoring system).
  • Financial control system Agresso. 
  • Council Document Management Systems (DMS)
  • SANG/SAMM monitoring spreadsheets and records (internal only)

Data is used to:

  • Assess whether a development is liable for CIL, S106, SANG or SAMM.
  • Calculate relevant contributions.
  • Prepare, issue and enforce Section 106 Agreements.
  • Track payments.
  • Support joint working with Bracknell Forest Council and other Third Party SANG providers where applicable.
  • The only documents that are available to the public are CIL additional liability forms.

Who has access to the information about you

Officers within the planning department have access to the data collected. Members of the pubic have access to personal data on CIL additional liability forms.

Who we may share your information with

We may share relevant personal data with:

  • Natural England – for statutory consultations
  • Third Party SANG providers, including – 
    • Bracknell Forest Council (Frost Folly and other appropriate SANG sites within BFC boundary).
    • Sunningdale Park (Berkeley Homes/ successor land trust).
  • Hampshire Services (HCC) – Administrative body providing banking services for SAMM.
  • Solicitors and Planning Agents – when processing CIL and S106 obligations 

Council departments, including:

  • Finance Service via our financial control system Agresso.
  • Legal services.
  • Development Management.
  • Planning Policy.

How long we store your information

We retain your information in line with statutory requirements and local retention schedules:

  • Planning and S106/SANG/SAMM records – kept permanently as part of the planning register.
  • Financial records – (please confirm, is there a deadline for holding these details in the legislation?).
  • SANG/SAMM monitoring records – retained for 10 years due to ongoing ecological mitigation requirements.

Does your service utilise automated decision making? No