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Publishing names on planning application comments

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  • Publishing names on planning application comments

    Hello all - I am looking at this issue at the moment and wonder what your views are please. Should councils who make representations received from members of the public regarding a planning application redact their names and addresses? The ICO says that it is not necessary to publish names and addresses and indeed they can even be exempt from an FOI request. Do you think that publication of these personal details may well deter neighbours who feel threatened or intimidated from commenting and the council will therefore not have a full picture of objections? Or should the details of who made the submission be published regardless? What does your council do? Would love to hear the views and thoughts of the learned community here! Thank you.
    Tags: None

  • #2
    I think so, a neighbour could have a legitimate concern, but knowing that their name will be out there, it might put them off. That could result in future disputes because they didn't air their concerns. My Council from experience asks if it's o.k.

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    • #3
      Iwrote direct to planning officer as we have a nasty neighbour

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      • #4
        I always write to the named planning officer by email.

        However, my local planning authority states clearly in larger print and bold

        "Do not put any personal, sensitive or offensive information in the main text of the comment, as this information will be viewable on our website."

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        • #5
          I have just looked at our council's site for a planning application made a few years ago by a neighbour, which I and others opposed. The details of the applicant are redacted, while the names and addresses of the objectors are shown!
          Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

          Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

          Comment


          • #6
            Originally posted by JustAThought View Post
            I always write to the named planning officer by email.

            However, my local planning authority states clearly in larger print and bold

            "Do not put any personal, sensitive or offensive information in the main text of the comment, as this information will be viewable on our website."
            Thank you - that probably means that names and addresses are redacted?

            Comment


            • #7
              Originally posted by atticus View Post
              I have just looked at our council's site for a planning application made a few years ago by a neighbour, which I and others opposed. The details of the applicant are redacted, while the names and addresses of the objectors are shown!
              Interesting! I wonder if their policy has changed?

              Comment


              • #8
                My council has this to say:

                Any written comments you make in relation to an application, by law, must be placed on the public application file. This means that your comments, together with your name and address will form part of the planning application documents and will be available for public inspection at our offices.

                Your comments will also be published on our website (via public access). Prior to publishing online we will remove your name, any signature, email address, address and telephone number and any other personal information. You are encouraged to submit your comments via the online portal however, please ensure that you do not enter any of your personal information within the ‘Your Comments’ box when submitting your comments online, as this may result in your details appearing in the public domain without our knowledge.

                Please note: Anonymous comments will not be taken into consideration, so please state your name, address and postcode. Your comments cannot be kept as confidential.

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                • #9
                  Thank you - I think that system is totally fair.

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                  • #10
                    I just checked out what my London borough does and it's essentially same as Huxie's although its explanation is less detailed:

                    "You may make a comment supporting or objecting to this application. Your comments will be taken into account when the application is being assessed. We will not display your personal data online but your comments will form part of the official documentation for this application."

                    And something else that might help. According to the letter sent to me inviting comments on my neighbour's application "under the Local Government (Access and Information) Act 1985 we are required to ensure that any comments you make (including details of your name and address) are made available for public inspection. Such information will be available to the general public for viewing as part of the hard copy case file relating to the planning application"

                    I can't see any specific reference in the Act to planning applications so it must fall within the general provisions of the Act - enacted long before "online" existed of course!

                    So it looks like councils cannot withhold the name and address of anyone commenting if someone is prepared to go to their town hall and ask to view the official paper case file documents, but councils don't have to identify who made the comments in their online list of planning applications. Presumably because the online planing portal is not the formal legal document, just a convenience for residents.
                    Last edited by PallasAthena; 22nd July 2024, 14:59:PM.
                    All opinions expressed are based on my personal experience. I am not a lawyer and do not hold any legal qualifications.

                    Comment


                    • #11
                      Thank you for looking and commenting - much appreciated

                      Comment

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