Tree Preservation Orders

This Privacy Notice should be read in conjunction with Colchester City Council’s Privacy Policy.

This Privacy Notice sets out what personal data we will use, how we will use it, and why we need to in respect of tree preservation orders.

Information Collected

We collect and process personal data that you provide to us which may include:

• Name
• Contact details (such as address, telephone number, email address)
• 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.
• Any information you have included as part of your request for the making of an order, or your comment on the order, including any supporting documentation such as reports or photographs.

Agencies We May Share Your Data With

Whilst working with you, we may share your information with some of the following third parties:

• Tree preservation orders must be made publicly available for viewing and your request/comments form part of the decision-making process when determining if new orders should be confirmed. If a Tree Preservation Order is referred to a planning sub-committee, comments submitted will be published in the agenda and therefore on the website. We will aim to redact your personal information such as your telephone number, email and signature. We advise you do not include information of a personal nature.
• Tree preservation orders are shared with local land charges as they are legally required to reveal tree preservation orders in local searches under the Local Land Charges Act 1975 and Rules 1977.
• If there is a challenge to the making of the tree preservation order in the High Court, all evidence relating to the making of the order may be considered by the court.

The Purpose and Lawful Basis for Processing

The lawful basis for the processing of your personal data is legal obligation under the Town and Country Planning (Trees) Regulations 2012 and Town and Country Planning Act 1990.

How Long Will We Keep Your Personal Data?

We will only hold your personal data for as long as necessary and in line with our retention schedules. All information submitted as part of making the tree preservation order is kept indefinitely as it forms part of the planning history relating to a property or parcel of land. The tree preservation order needs to be kept available to the public and needs to be revealed as part of the local land charges.

How We Protect and Store Your Personal Data

We take the confidentiality of personal information very seriously and use recognised security and access controls to protect your information from unauthorised access, loss, misuse, alteration or corruption. We have procedures and processes in place to ensure that your personal information is managed appropriately.

Your information may be held outside of the UK. Where this is the case, we ensure that additional measures are in place to protect your data and to ensure that we continue to comply with data protection requirements.

We use cloud providers and online application providers to help us run our business. Therefore, the use of some of our systems may include the transfer of your personal data to other countries. Your data will only be transferred to other countries which have adequate provision in place to protect personal data to an equivalent level as personal data held in the UK.

Updates to This Privacy Notice

We will continually review and update this privacy notice to reflect changes in our processes and procedures, as well as to comply with changes in the law. When such changes occur, we will revise the 'last updated' date on this notice. We encourage you to periodically review this notice and to be informed of how we are protecting your information.