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Tree Preservation Order Requests

How we process your personal information within Green Infrastructure

What information do we need?

Torbay Council needs to hold certain information about its customers and service users in order to effectively provide the services we have to deliver. For Tree Preservation Order (TPO) requests, we need to hold information such as your name, address, telephone number and email address. Torbay Council is what’s known as the ‘Data Controller’ for the personal data you provide to us and we are registered with the Information Commissioner’s Office.

Why we need it?

We need to know this information about you in order to enable us to provide updates on your request for a TPO to be made therefore, our lawful basis for processing this data is:

  • The performance of a task carried out in the public interest in accordance with the Town and Country Planning (Tree Preservation) (England) Regulations 2012 and Town and Country Planning Act 1990.

Do we share your information?

We do not trade personal data for any commercial purpose, however, we will share your personal information with SWISCo, (wholly owned company of Torbay Council) for the purpose of making a decision as to whether or not to make the TPO and where advice is required, with our legal department.

The TPO application will also form part of the planning record and will be made available for viewing online.

If an order is made, we will also share details of the TPO with our local land charges department.

Outside of the above, we will only disclose your personal information if we have a lawful basis to do so, for example for the prevention and detection of crime, or if we have your consent. 

How long do we keep your information?

Records relating to the creation, implementation and monitoring of Tree Preservation Orders are required to be retained from the date of the serving of the order until the tree no longer exists or as required by law. Records relating to Conservation Area Notifications are required to be retained permanently or as required by law. However, if the TPO application is unsuccessful, we will hold your personal data for one year, after which time it will be securely destroyed.

What are your rights?

At any time, you can request to have a copy of the information Torbay Council holds about you, and if you feel the information we process about you is incorrect, you can request to have it corrected or deleted. If you wish to exercise any of your rights please contact infocompliance@torbay.gov.uk or see our Information Right’s Policy.    

If you are not happy with the way the Council has handled your personal information, please contact us so that we can deal with your complaint. However, you can also raise a complaint with the Information Commissioner’s Office, contact details can be found on their website.

Contact Information Compliance