Online planning portal representations removed by council

Representations about planning applications are no longer being posted on Rochdale Borough Council’s online planning portal.

The council says this is due to awaiting guidance surrounding new data protection rules, meaning that comments now just state the date submitted, and if it is in support of the application, an objection or a neutral viewpoint.

Previously anyone could view submitted representations, including names, addresses, comments and stance, before this was changed to redact the comments.

Under The Town and Country Planning (Development Management Procedure) (England) Order 2015, when a planning application is received by the council, the following information must be published on a website maintained by the local planning authority:

• the address or location of the proposed development
• a description of the proposed development
• an environmental statement (if required)
• the date by which any representations about the application must be made (which must not be before the last day of the period of 14 days, or 30 if accompanied by an environmental statement)
• where and when the application may be inspected
• how representations may be made about the application
• in the event of an appeal (in the case of a householder or minor commercial application), any representations made about the application will be passed to the Secretary of State and there will be no opportunity to make further representations

Planning Aid England states that if an application is determined by a committee, representations from neighbours are considered as background papers, and must, by law, be available for public inspection if requested.

Local resident Barry Cropper, who has put in a complaint about Rochdale Borough Council removing the representations, said: “The removal of any identification of those making representations is understandable, but not necessary, under the GDPR.

“The council is entitled to publish a name and address. It is the personal and special category data that should be redacted. It is a requirement to give a name and address for a planning comment.

“The website says they will be made available online to the public so why hasn't the website been changed as well?

“I fully understand that the local planning authority does not have to publish comments online but if the council's stance is that the comments can be viewed online at Number One Riverside, then there is a duty to inform the public of the procedure to be followed.

“There is a general expectation that the phrase ‘made available online to the public’ does not mean make an appointment, travel to Number One, sit in front of a computer and be time limited.”

Paul Moore, head of planning at Rochdale Borough Council, said: “We have taken the decision, as have a number of councils across the country, to remove comments on planning applications while we await guidance from the LGA and planning advisory service, who have been consulting with the Information Commissioner’s Office on new data protection rules, which may affect what can be displayed on our website.

“Anyone who wishes to see comments related to a specific planning application can make an appointment to come into the council offices and view the file.

“We can also email redacted comments related to a specific application if a resident requests them.”