Yearly Archives:2018

ByMark Davies

WNP GDPR Compliance May 2018

1. WNP Data Protection Action, General Data Protection Regulation,

25 May 2018

See Hard Copy Archive Deposit, 15

1.1 Statement: WNP Committee, ICO Data Controller registration [ZA218210], is engaged in a ‘Public Task … specific in the public interest which is set out by law’ in the Locality Act 2011. https://ico.org/uk/for-organisations/guide-to-the-general-data-protection-regulation-gdpr/lawful-basis-for-processing/public-task/

1.2 ‘Public Task’ replaces the former ‘public function’.

1.3 WNP Privacy Notice [see 2 below] ‘documents our decision that our data processing is necessary to perform the task we are responsible for’ in the public interest, to identify that task and authority and give basic information about our purposes and our lawful basis. All this in our ‘Privacy Notice’. A legal basis = ‘conditions for processing personal data.’

1.4 The Committee has had the help of Allan Hicks on Data Protection, throughout Consultation 2016-2018, and of Mark Davies running the WNP Website since mid 2016, with Audrey Parsons in support.

1.5 WNP Committee and Associates have shared email and phone number information since inception in January 2016.

1.6 15 December 2015, prior to the formation of the WNP Committee, attendees at a village meeting signed up as ‘Volunteer’, ‘Street rep’, ‘Interested’ or ‘Keep me informed’. The Chairman uses that original list (of phone numbers, emails, and a handful of street addresses). The original completed and signed lists have been archived. Numbers have dropped since 2015 from 163 to the current 125. Approx. every 1.5 to 2 months, information, reminders and/or calls for volunteers go out to this group. Twice the chairman has pressed the CC button and not the BCC button, apologised to everyone and reported himself to the WNP Data Protection Adviser. This contact list and the original sign-up papers will be destroyed after WNP Committee completes its Public Task.

1.7 We received many responses post-coded only. For example the Statutory Housing Needs Survey gave only Postcodes for identity. An alert about Air Quality on Old London Rd (next to A40 bypass) was received from two post-codes. It would have been unethical to probe, but coincidentally one complainant told WNP Chairman directly of the pollution; the other complainant was her neighbour and friend. Both agreed to take it further with WNP and SODC. [1] They are happy for names to remain on the Evidence Base account.

1.8 Immediately after Public Consultation May-June 2017, the names and contacts of respondents were exchanged for and solely published with archival number identity. The original detailed list is kept by the Chairman for the Examiner’s eyes only, and in a secure Hard Copy Archive). It will be destroyed when WNP Committee completes its Public Task [2]

1.9 In March 2018 WNP Chairman informed Wheatley Parish Councillors at their monthly meeting, of Data Protection implications. In recording Consultation between Parish Councillors and WNP, we have named those in elected or appointed public office (NP Committee members too form a delegated ‘sub-committee’) but we delete private individuals’ detail. Once NP evidence becomes redundant, all data contact information – hard copies of Straw Poll, of Statutory Survey, of Volunteer List, and of Pub. Con. responses currently held in the secure Hard Copy Archive – will be destroyed. [3]

1.10 WNP Chairman has checked all website detail, particularly the Evidence Base and has contacted those he felt should be informed that their contacts were in the public domain. Four private individuals were approached; they were happy that their name / details remain published. The ‘Volunteer’ list of Dec. 2015 were all approached too: one asked for their name to be deleted, which was done without question.

1.11 Neighbourhood Planning Consultation organisers prefer, but cannot demand proof of whether a respondent is a bona fide resident of an NP Area. Suspect returns do seem to get through Public Consultations when feelings run high. In January 2017 WNP volunteers checked 243 responses to Draft Local Plan about OBU and Wheatley suspected of being orchestrated from elsewhere in South Oxon [4].The WNP Committee, however, accept that Data Privacy, despite risk, is an absolute priority.

2. WNP Data Protection – GDPR Privacy Notice

Neighbourhood planning is an opportunity for communities to shape development in their community through the production of Neighbourhood Development Plans (among other things).

A Neighbourhood Development Plan (NDP) sits alongside the Local Plan produced by South Oxfordshire District Council and the policies contained within the NDP are used in the determination of planning applications.

Wheatley Parish Council has set up a Steering Group in order to produce an NDP for Wheatley. The Steering Group must collect information from the community in order to develop the plan.

The Steering Group needs to collect:

contact details for community members such as name, address, telephone number or email address

information about the extent to which the SG has surveyed the community for its views.

This survey information is required for an approval of the NDP and will record to what extent people have attended Neighbourhood Planning meetings or responded to survey requests.

The purpose(s) for which the Steering Group collects this information are to produce a database to enable contact with members of the community and to record that survey data. The lawful basis for doing so is the Locality Act 2011.

The only organisations with which the Steering Group may share the information are South Oxfordshire District Council and/or an Independent Examiner who checks whether the proposed NDP meets certain conditions before it can be approved.

When this sort of information is collected, there has to be a Data Controller responsible for how it is processed, and that Data Controller has to be registered with the Information Commissioner’s Office.

The Steering Group is that Data Controller and is registered as such. You can review the registration by using this link:

https://ico.org.uk/esdwebpages/search

Enter registration reference number ZA218210 (nothing else is needed).

If you have any questions about this or wish to check or have deleted any of your data, then please contact:

By letter – Wheatley Parish Council, Merry Bells, 89A High Street, Wheatley OX33 1XP

By email –

info@wheatleyneighbourhoodplan.co.uk

3. WNP Data Protection – Letter to Committee Members/Associates

Dear WNP committee members and associates (previous and present),

Most, if not all, of you are aware that new data protection regulations are coming into law on the 25th of May. The consequences of GDPR (General Data Protection Regulations) coming has meant a review/update of the documentation/actions that the WNP  make/take concerning data protection.  To help in this process the following questions have been formulated for all to answer.

WNP and Data Protection(NB: for the purposes of these questions a ‘member of the public’ is taken to mean : a person not directly involved in WNP (eg. does not include WNP Committee members/associates), or is not an officer or councillor at SODC or Parish level when ‘involved’ in the WNP process etc.)

Please answer all questions that follow by deleting/adding text as appropriate:

1. Do you contact (by email,phone or post) members of the public directly, using personal information to address them, concerning the WNP? Yes / No

If yes, a) What category of persons do you contact? (do not give actual names)

  b) Why?

2. Have you had placed on the WNP website any documentation containing the name/other person identifying data for any members of the public?  Yes / No

If yes, a) Please list the names of the documents.

b) Do you have the permission of the member of the public involved to have these data on the website?

3. Have you in your possession any personal data on any members of the public in hard copy or electronically?  Yes / No

If yes, a) What type of information? (do not give actual data)

  b) Why?

 Name :

Connection with WNP:

Date:

Audrey Parsons,

WNP Committee,

Data Protection and WNP Website assistant administrator

4. Acknowledgement from SODC

From Sam Townley, SODC, re. WNP Compliance with GDPR,

01 October, 2018

Good Afternoon John

 Apologies for the delay. I have reviewed both consultation statement text and GDPR implementation notes and have no comments to make; your group seems to be operating good practice with data protection.

 The consultation statement will be reviewed again when the plan is submitted.

Kind Regards

 Mr Sam Townley

Neighbourhood Planning Enquiries Officer

South Oxfordshire and Vale of White Horse District Councils

References:

[1]

EB Research / Survey 14, Air Quality Research Old London Road EB Old London Rd Air Quality, responses from residents,October 2017

EB Research / Survey 15,  Air Quality, Wheatley 2006-2017 (WNP with SODC, Oct-November 2016)  WNP-Air-Quality-Wheatley-2006-2017-WNP-with-SODC-Oct-Nov-2017

EB Research / Survey 16, Air Quality Research Old London Road Evidence Base, Old London Rd Air Quality 2, WNP Correspondence with SODC April 2018.

[2]

HCAD (Hard Copy Archive Deposit) 6, Public Consultation 2017, Public Responses, 56-109

[3]

HCAD 9, WNP in Consultation with WPC and HPC, 20 June 2017

[4]

EB Research / Survey 4, WNP private analysis of 234 (unpublished/unanalysed) SODC Consultation responses to OBU proposal, July 2016.  Evidence believed contaminated – see Note to Analysis.   WNP-responses-to-SODC-LP32-Q-7-July-2016-unpublished-abstracted-analysed-by-WNP-Jan-2017

ByMark Davies

Statutory Responses to the Draft Neighbourhood Plan

The consultation on the draft Wheatley Neighbourhood Plan ended on the 30th June 2017 and since then we have been busily collating all of your feedback. In addition to the valuable responses from the community we’ve also received a lot of feedback from many of the statutory bodies we’ve engaged with.  We consider the letters from the Oxfordshire County Council, Natural England, Historic England and The Environment Agency to be particularly important:

Oxfordshire Clinical Commissioning Group – EB WNP Pub.Con. response Clin. Com. Group. 17 May 2017

Oxfordshire County Council – EB Statutory Responses, OCC, WNP Pub.Con. May-June 2017

Thames Water – EB Statutory Responses, Thames Water, Pub.Con, May-June 2017

Homes and Community Agency – EB Statutory Responses, Homes and Communities, Pub.Con.May-June 2017

Natural England – EB Statutory Responses, Nat Eng WNP Pub.Con. May-June 2017

Historic England – EB Statutory Responses, Hist. Eng. WNP Pub.Con. May-June 2017

The Environment Agency – EB Statutory Response, Environment Agency, WNP Pub.Con.May-June 2017

Highways England, Pub. Con. Response 19th May – No comment as not affecting A34

Health and Safety Executive, Pub. Con. Response 7 June – No representation to make

Homes and Communities Agency (Carter Jonas representing) re. Chalgrove Airfield

CPRE – Acknowledged x 2 July 2017; workshop with, March 2017; referred to SODC/CPRE Committee

CTIL (Telecoms) – Acknowledged, May 2017

Consortium Policy Research, England – Acknowledged, July 2017

Gardens Trust – Acknowledged, June 2017

Gigaclear – Acknowledged, June 2017

Network Rail Assets – Nil Response

Plant Protection – Acknowledged, May 2017

SSA Planning – Acknowledged, May 2017

Southern Electric – Acknowledged, July 2017 (mystified)

Sports England – 9 August 2017 – WNP Statutory Bodies, Pub. Consultation, May-June 2017, Sport England

Chilterns Conservation Board – WNP Chilterns Conservation Board May 2018

Non-statutory but recommended by LGO office:

Royal Town Planning Institute (Planning Advice England, Neighbourhood Planning) – Detailed Response June 2017

New Responses – added 1st August 2017:

The National Grid – Wheatley NP National Grid Response 19.06.17

SODC – WNP pre-submission draft plan – SODC Response 27 07 17

ByMark Davies

Updating the Number 300 2016-2018

‘…at least 300 homes’

Draft Local Plan Allocation figures, 2016-2018, Oxford Brookes University Wheatley Campus, ‘Strategic Site’ and ‘Complex Case’

‘[WNP] needs to be in General Conformity with an existing adopted Local Plan as a Basic Condition …[or with] the strategic polices of a new Local Plan when adopted … [an NP] can also anticipate uncertainty in a Local Plan by using well-evidenced criteria-based policies to influence scale and location.’ 

(Planning Advice England, Royal Town Planning Institute, to WNP, June 2016)

  1. Draft LP 2032 (2015) allocated 180 homes to Wheatley in 2015. WNP convened Jan. 2016.
  2. 01 June 2016, Second Draft LP 2032 exempted Wheatley from allocation, proposing instead a strategic ‘mixed-use development’ with ‘likely net capacity of at least 300 dwellings’ on the OBU site [p.39]: WNP and Stakeholders to agree. This was followed with ‘300 homes allocated on a brownfield site’ [p.88, number stated without qualification].
  1. 13 July 2016, Open Day, SODC Draft Local Plan 2032 and WNP combined. Display map of OBU Campus site was confusing (campus map appeared to be co-terminous with the development site map). WNP Adviser said ‘It should not have been used’.
  2. Excerpt, letter from Sue Holmes, Estates Director, Oxford Brookes University, to John Fox,Chairman Wheatley Neighbourhood Plan, 11 August 2016

    ‘We have decided to sell Wheatley Campus. … We have had an initial discussion with senior SODC officers. As you know SODC identifies our site for … at last 300 dwellings in its Local Plan, currently out to consultation. I also understand the [WNP] considers housing the preferred use for the site*. With our charitable status [we] have an obligation to realise best value … from residential development. However the possibility of some or all of the site being re-used for a use other than housing cannot be discounted.

    The SODC Local Plan refers to ‘at least 300 dwellings’ on the site, but in discussions with senior council officers and others, we know that the site has the potential to make a greater contribution to the area’s housing targets. Based on other sites of this size, type and location, a more realistic but conservative is double that figure … we would be looking to propose significantly more than 300 dwellings.’

    *Note from WNP chairman John Fox‘At this time the WNP had no opinion to express as full consultation of the community had yet to be completed.’

  1. July-November 2016 figures of between 600-900 homes for the OBU site in Oxon press were read by many as allocations, as shown in the responses from wider South Oxon to LP Public Consultation, and in sessions of Wheatley and Holton Parish Councils. In October-November capacity-testing by OBU Agents for ‘750 homes’ on the OBU site was dramatised in the press and read by many as a planning application. WNP  published a refutation / clarification in November to puncture the bubble. The ambiguity damaged public debate in the community.
  2. 07 September 2016, WNP invited Planning Officers to Wheatley to answer questions. Meeting attended by by A. Yeates, HPC Chairman, and two SODC Planning Officials invited to help clarify Draft Local Plan issues. See summarised points  notably Q 3 and Q 4 on the OBU site. Apologies were given for the confusing maps used in latest LP Public Consultation. It was stated that ‘SODC cannot agree that they will not approve [600] … as a survey [capacity] needs to be done first’. It was further stated the concern over the confusion caused not just by statements but also by mapping used during Public Consultation, that taking any of the OBU site beyond the agreed built-form out of Green Belt for housing development would still require ‘exceptional circumstances.’  Neither 300 nor 600 were denied or confirmed, but described as ‘minimums only’ and ‘not yet tested’. For record of the meeting with the planners go to,  EB SODC 4 WNP and Holton PC Chair question Plan Officers, 07 September 2016, summary. (a fuller account of answers to that shown in the minutes) or EB WNP Committee Minutes, 10, 2016 09 07                               WNP turned aside to get on with its Statutory Survey(s), August-October. 
  3. 06 December 2016, WNP met with SODC Chairman, Planners and two new Advisers. ‘End of the 750 homes sensation !’ [SODC Chairman]. Local Green Space, it was suggested, might help replace Green Belt. The allocation figure of ‘300 homes’ was tacitly accepted. Go to EB SODC 6, WNP meet with SODC Chairman and new adviser, 06 Dec 2016  for record of meeting with SODC.
  4. First Draft WNP sent to Advisers for comment 03 March 2017. WNP  was asked to delete ‘at least 300 houses’, and parishes advised to request OBU site be made Local Green Space  and abide by a looser re-drawn outline OBU site. Confidentiality was required. WNP decided  to convene both its parish councils on 13 March, to inform and clear the air.
  5. Draft LP 2033 (1),  29 March 2017, advocated ‘at least 300 homes’. The Policy Box also confirmed ‘approximately 300 homes’ all  ‘on the built form’.
  6. 20 June, 2017, WNP, WPC and HPC met for NP Public Consultation. The figures 300 and 750 still distracted, one councillor requesting that WPC resign itself to 750 and abandon  WNP support for a consistent 300 as ‘bravado’.
  7. October-November 2017 LP 2033 (2), Public Consultation: ‘at least 300 new homes [to reflect] existing pattern of built development existing built form provides significant  footprint and volume in determining any planning application.’ Policy Box ‘at least 300 new homes in a scheme of appropriate scale and layout to respect listed buildings and structures, to buffer and protect scheduled monuments and to retain the quantum of existing sports pitches’. [pp. 48-52]
  1. 30 November 2017, Oxfordshire CC response to 10. above: ‘the acceptable quantum in the allocation should be much clearer … some 300 homes [because] ‘at least 300’ provides little guidance [and] should be replaced with ‘approximately 300′. With reference to the OBU Agent’s ‘surprising’ attempt in 2016 to show space for ‘up to 750 homes’, OCC pointed out that transport and both schools would be unduly stretched, unless by the time of Inspection of LP 2033 it can be shown the impact on them can be mitigated.’
  2. In February 2018 OBU agents GVA submitted outline proposals for developing the Campus site with 500 homes across its East- West extremities. This clashed with the original Local Draft Plan limits of 300 homes on the built-form (first stated, June 2016) to the east of the site. A further amendment was added in October 2018. Local opposition was strong. It was put to SODC Planning Committee on 28 November 2018 and rejected by councillors by 8:1(abstention) on many stated grounds, including lack of adequate infrastructure – traffic, doctors, schools – and lack of connectivity with existing settlements. The 500 houses would have had no facilities (save a token proposed small shop) and no dedicated pedestrian bridge (save the existing Holton fly-over with expanded pavements and narrowed road lanes.)
  1. Final Draft Wheatley Neighbourhood Plan. To be added when published 2018
ByMark Davies

The Committee Response to GVA Proposals for Oxford Brookes Site

Wheatley Neighbourhood Plan Committee

Response to GVA proposals for OBU site.

  1. Since summer 2016, after the announcement (01 June 2016) of the OBU Strategic Site, WNP has attended all OBU ‘stakeholder’ meetings up to the end of 2017. GVA appears to have stretched limits and displayed limited understanding of the locality and the concerns of ‘stakeholders’.
  1. WNP concurs fully with Local Plan 2033 which states the desired number of homes at 300 and their location on the ‘built form’ only. The number of homes proposed since 01 June 2016 has been monitored and recorded by WNP with the growing concurrence of SODC.
  1. The proposal uses land designated as Green Belt and therefore extends beyond the area permitted for housing.
  1. The proposals, even in outline, are for a spread of homes, some 750 in the pre-application and some 500 in the outline application. They do not acknowledge sufficiently the need for integration (be it for 500 or 750 homes) with Wheatley and Holton. The LP and WNP concur in reserving retail space on the built form; WNP supports Holton’s aspiration for a pathway from the OBU site to the Community Hall. GVA mention only vague cycle and pedestrian access to Wheatley which even in an outline application is too serious to be relegated. The weighty issues of local traffic, local rush hour traffic and a crowded A40 flyover are of general concern to Wheatley and Holton.
  1. This large group of housing will rely on Wheatley services, there being none in Holton. Given Wheatley’s lack of parking and existing traffic bottlenecks there needs to be a safe, short and convenient route for pedestrians and cyclists to access Wheatley’s primary school, shops, churches, health centre, buses and other facilities. Without this the housing will not become integrated into the existing village fabric and will remain a car-reliant commuter dormitory which simply exacerbates existing infrastructure shortcomings.
  1. In ignoring the limit of the built-form designated in the Local Plan 2033 the proposals disregard the setting of Holton Park itself, an important historic site in English and Oxford (as royal capital) Civil War history. This is emphasised by Neighbourhood Plan and its statutory consultee, Historic England. The development compromises the parkland setting of the listed building and the housing at the elevated southwest corner of the site will have an unacceptable visual impact on the Green Belt.
  1. Road access West and East is omitted; use of the term ‘University highway’ is excessive; passing mention of cycle and particularly pedestrian access is insufficient.
  1. There appears to be no provision made for parking at the sports pavilion.

9. On 21st Feb WNP also sent the WNP Tree Survey of Holton Park, Evidence Base Research 12

John Fox, Chairman, submitting on Behalf of Wheatley Neighbourhood Plan Committee

15 February 2018

 

10. October 2018 responses made to amended Brookes proposals – see details in the Evidence Base under ‘EB Brookes Information for Stakeholders’.