Tree Preservation Order: privacy

Service area covered by this privacy notice

Planning Development

Purpose of the processing

Hart District Council (‘we’, ‘us’ or ‘our’) collects information about you in order to process your request for the making of or comments on a Tree Preservation Order. 

The Town and Country Planning (Trees) Regulations 2012 requires that we shall not confirm a Tree Preservation Order without taking into account any comments or objections made about the order.

Lawful basis for processing personal data

Our lawful basis for processing your personal data under Article 6(1) of the UK GDPR is:

  • public task: the processing is necessary for the performance of a task in the public interest or for the exercise of official authority

Categories of personal data being processed

We may collect:

  • 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

Who the data might be shared with

We may share your personal information with/on:

  • the joint planning and building control data base and document management system which may be accessed by staff working in these departments and staff in other departments who work on behalf of planning such as our Contact Centre who deal with planning-related enquiries
  • on our website as Tree Preservation Orders must be made publicly available for viewing and your request/comments form part of the making of the order. We will aim to redact your personal information such as your telephone number, e-mail and signature. We strongly advise you not to include information of a personal nature such as medical/financial details within your request/comment but if included we will aim to redact it
  • 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
  • third parties, contractors or consultants if we outsource work to them. If this is done, they will have access to your request/comments, but they are obliged to comply with our Data Protection policies and will not be able to use your information for any other purpose than processing the work on our behalf. They will not use or pass on your information for any other purpose
  • the High Court, if there is a challenge to the making of the Tree Preservation Order, all evidence relating to the making of the order may be considered by the court
  • East Hampshire District Council, if you use our online interactive map

In addition, if we receive a request under the Freedom of Information Act (FOIA) or Environmental Information Regulations (EIR) to disclose information, we are obliged to do so unless the information is deemed exempt under the act. We can only withhold information under the FOIA or the EIR if the information falls under one of the exemptions (FOIA) or exceptions (EIR) set out in legislation.

What we do with your information

Your information is used to help us to decide whether to make a Tree Preservation Order and a summary of your comments will be included in the case officer’s report should a report be needed. Your original request/comment will be retained as this forms background evidence in the making of the order.

You will be advised of the outcome of the process and informed if the order is modified, confirmed or withdrawn.

How long we keep your information

Your original request/comments as well as a summarised version as contained in the report, if appropriate, will be retained as part of the history of the order and will form part of the overall planning history.

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 piece 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.

Further information

For further details on how we maintain the security of your information, your rights, including how to access information we hold on you and how to complain if you have any concerns about how your personal details are processed, please visit our privacy notice.