Council claiming.

Nearlyold

If the Council are taking too long to assess your application you might find this useful:-

What are the time periods for determining a planning application?

Once a planning application has been validated, the local planning authority should make a decision on the proposal as quickly as possible, and in any event within the statutory time limit unless a longer period is agreed in writing with the applicant.

The statutory time limits for applications for planning permission are set out in article 34 of the Town and Country Planning (Development Management Procedure (England) Order 2015 (as amended). They are 13 weeks for applications for major development,10 weeks for applications for technical details consent, and (from 1 August 2021) applications for public service infrastructure development, and 8 weeks for all other types of development (unless an application is subject to an to an Environmental Impact Assessment, in which case a 16 week limit applies).

Where a planning application takes longer than the statutory period to decide, and an extended period has not been agreed with the applicant, the government’s policy is that the decision should be made within 26 weeks at most in order to comply with the ‘planning guarantee’.

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Revision date: 24 06 2021 See previous version

What is the government’s ‘planning guarantee’?

The planning guarantee is the government’s policy that no application should spend more than a year with decision-makers, including any appeal. In practice this means that planning applications should be decided in no more than 26 weeks, allowing a similar period for any appeal. The planning guarantee does not replace the statutory time limits for determining planning applications.

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Revision date: 06 03 2014

In what ways can a longer time period be agreed?

Where it is clear at the outset that an extended period will be necessary to process an application, the local planning authority and the applicant should consider entering into a planning performance agreement before the application is submitted.

If a valid application is already being considered and it becomes clear that more time than the statutory period is genuinely required, then the local planning authority should ask the applicant to consider an agreed extension of time. Any such agreement must be in writing and set out the timescale within which a decision is expected.

The timetable set out in a planning performance agreement or extension of time may be varied by agreement in writing between the applicant and the local planning authority.

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Revision date: 06 03 2014

What happens if an application is not dealt with on time?

Where a valid application has not been determined within the relevant statutory period (or such other period as has been agreed in writing between the local planning authority and the applicant), the applicant has a right to appeal to the Secretary of State against non-determination.

If the applicant has not exercised this right of appeal, and the application remains undetermined after 26 weeks, then the fee paid by the applicant will be refunded to them (unless a longer period for the decision has been agreed).

Applicants should not attempt to delay a decision on their application simply to obtain a fee refund. A local planning authority will be justified in refusing permission where an applicant causes deliberate delay and has been unwilling to agree an extension of time; and such behaviour will be taken into account in determining any claim for costs by the local planning authority if the applicant then goes to appeal.

jon81uk

[Deleted User] said:

Ok to cut a long story short I have had some very disturbing behaviour displayed by the council in relation to my disabled daughter. We submitted a planning application they came for a site visit my daughter to “review” the application my daughter was in the garden and told me that a lady was talking photos in my back garden of my house, they did not have permission to take photos and due to my daughter I would not have given permission, she had gone before I could challenge. I have had planning applications before and they have never take photos, I have spoken to other people down the road who have had extensions and the local councillor and photos have not been taken in relation to other similar applications.  I requested my GDPR as I was concerned as to what photos had been taken (because of the issues with my daughter) These were missing from my GDPR.  When I queried this the council told me the photos weren’t GDPR hence brushing the whole thing aside.  So I hope you can understand why I asked the question.  My property and car can not be viewed from the road.  Also my planning application was submitted in Jan 2021 and remains undealt with and I haven’t even queried this with them as I’m sure you can understand I have had more important issues to deal with. 

The photos themselves aren't the problem it is the trespassing into your garden without your permission.

user1977

You might be going down the wrong path - if it's information which is part of their planning file, a Freedom of Information request might be worth making. But I'm not sure why you suspect that there are "missing" photos?

diystarter7

Deleted_User said:

If it's just a property and a car, then it's not covered by the DPA.

In relation to the councils obligations and your post, where does it state that "DPA" does not apply?

Nearlyold

JKFragglekid38 said:

Ok to cut a long story short I have had some very disturbing behaviour displayed by the council in relation to my disabled daughter. We submitted a planning application they came for a site visit my daughter to “review” the application my daughter was in the garden and told me that a lady was talking photos in my back garden of my house, they did not have permission to take photos and due to my daughter I would not have given permission, she had gone before I could challenge. I have had planning applications before and they have never take photos, I have spoken to other people down the road who have had extensions and the local councillor and photos have not been taken in relation to other similar applications.  I requested my GDPR as I was concerned as to what photos had been taken (because of the issues with my daughter) These were missing from my GDPR.  When I queried this the council told me the photos weren’t GDPR hence brushing the whole thing aside.  So I hope you can understand why I asked the question.  My property and car can not be viewed from the road.  Also my planning application was submitted in Jan 2021 and remains undealt with and I haven’t even queried this with them as I’m sure you can understand I have had more important issues to deal with. 

Is the "disturbing behaviour" solely the lady in the back garden taking photos when your daughter was also in the garden or are you referring to some other council behaviour towards your daughter that happened previously or latterly.

Ath_Wat

[Deleted User] said:

jon81uk said:

[Deleted User] said:

Ok to cut a long story short I have had some very disturbing behaviour displayed by the council in relation to my disabled daughter. We submitted a planning application they came for a site visit my daughter to “review” the application my daughter was in the garden and told me that a lady was talking photos in my back garden of my house, they did not have permission to take photos and due to my daughter I would not have given permission, she had gone before I could challenge. I have had planning applications before and they have never take photos, I have spoken to other people down the road who have had extensions and the local councillor and photos have not been taken in relation to other similar applications.  I requested my GDPR as I was concerned as to what photos had been taken (because of the issues with my daughter) These were missing from my GDPR.  When I queried this the council told me the photos weren’t GDPR hence brushing the whole thing aside.  So I hope you can understand why I asked the question.  My property and car can not be viewed from the road.  Also my planning application was submitted in Jan 2021 and remains undealt with and I haven’t even queried this with them as I’m sure you can understand I have had more important issues to deal with. 

The photos themselves aren't the problem it is the trespassing into your garden without your permission.

Unfortunately there is more concern with regards to GDPR than there is trespassing 🤷‍♀️!! The council would have more to answer to if they breeched my GDPR than they would for trespassing, hence my original question. 

If you are going to complain about GDPR breaches you'd be better getting the terminology correct.  You don't have GDPR, there's no "my GDPR".  Photos can't be GDPR.  It's a regulation.  You have certain rights under GDPR.

user1977

diystarter7 said:

Deleted_User said:

If it's just a property and a car, then it's not covered by the DPA.

In relation to the councils obligations and your post, where does it state that "DPA" does not apply?

To be more precise, when the OP is talking about "my GDPR" they (I think!) mean making a data subject access request. That's in relation to data held in respect of which the OP is the data subject. That doesn't include photos merely by virtue of the photos depicting items owned by the OP.

jon81uk

user1977 said:

diystarter7 said:

Deleted_User said:

If it's just a property and a car, then it's not covered by the DPA.

In relation to the councils obligations and your post, where does it state that "DPA" does not apply?

To be more precise, when the OP is talking about "my GDPR" they (I think!) mean making a data subject access request. That's in relation to data held in respect of which the OP is the data subject. That doesn't include photos merely by virtue of the photos depicting items owned by the OP.

Whereas I think the issue is that the OP didn't like the photos were taken, which is why I suggested that trespass is the bigger issue.
"I want to exercise my right to see what personal data relating to me you hold"
is very different to "I don't think you should have photos of my house"
and thats different again to "you did not have permission to enter my land and take photographs".

user1977

jon81uk said:

user1977 said:

diystarter7 said:

Deleted_User said:

If it's just a property and a car, then it's not covered by the DPA.

In relation to the councils obligations and your post, where does it state that "DPA" does not apply?

To be more precise, when the OP is talking about "my GDPR" they (I think!) mean making a data subject access request. That's in relation to data held in respect of which the OP is the data subject. That doesn't include photos merely by virtue of the photos depicting items owned by the OP.

Whereas I think the issue is that the OP didn't like the photos were taken, which is why I suggested that trespass is the bigger issue.
"I want to exercise my right to see what personal data relating to me you hold"
is very different to "I don't think you should have photos of my house"
and thats different again to "you did not have permission to enter my land and take photographs".

True, though I don't see much can be done about that other than the council saying "oops, sorry, won't do it again". I don't see that you have any sort of rights in relation to photographs taken by somebody while they were trespassing on your land. 

jon81uk

user1977 said:

jon81uk said:

user1977 said:

diystarter7 said:

Deleted_User said:

If it's just a property and a car, then it's not covered by the DPA.

In relation to the councils obligations and your post, where does it state that "DPA" does not apply?

To be more precise, when the OP is talking about "my GDPR" they (I think!) mean making a data subject access request. That's in relation to data held in respect of which the OP is the data subject. That doesn't include photos merely by virtue of the photos depicting items owned by the OP.

Whereas I think the issue is that the OP didn't like the photos were taken, which is why I suggested that trespass is the bigger issue.
"I want to exercise my right to see what personal data relating to me you hold"
is very different to "I don't think you should have photos of my house"
and thats different again to "you did not have permission to enter my land and take photographs".

True, though I don't see much can be done about that other than the council saying "oops, sorry, won't do it again". I don't see that you have any sort of rights in relation to photographs taken by somebody while they were trespassing on your land. 

Exactly. Assuming the entering the land and taking photos is the bigger issue I think the best they are going to get is an apology.

OP may also wish to consider a padlock for gates.