Terms and disclaimer

Updated: May 2018

Planning Portal website Terms and Conditions

Who we are

The Planning Portal is owned and managed by PortalPlanQuest Limited (PPQ) a wholly owned subsidiary of TerraQuest Limited.  TerraQuest Limited is part of the Mears Group.

Using the Planning Portal

Users of the Planning Portal site are bound by the terms and conditions set out below so please read these carefully before continuing.

Please be aware that other websites, which are accessible from the Planning Portal, may contain terms and conditions which are different from these terms and conditions.

Permitted Use

Any requests for permission to use the Planning Portal content in a manner otherwise than permitted by these terms and conditions should be emailed to us at communications@planningportal.co.uk.

If you breach any of these terms and conditions, your authorisation to use the Planning Portal automatically terminates and you must immediately securely destroy any downloaded or printed materials.

You are authorised to view and download the materials on the Planning Portal. You may print off individual pages of the content from the Planning Portal for private, personal use, provided that any proprietary notices, marks, logos or other legends that appear on the copied screens remain on, and are not removed from the printed or stored images of such screens.

You may not modify the materials on the Planning Portal in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public purpose.

Any material subject to Crown Copyright may be used in accordance with the terms of the Open Government Licence v3, details of which are available at: http://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/

Intended users

The Planning Portal content covers planning and building control regimes in England and Wales only. We do not represent or warrant that the information available on the Planning Portal complies with the statutory regime of any other country.

If you choose to access the Planning Portal from other locations outside England and Wales you do so on your own initiative and you are responsible for compliance with local laws, if and to the extent local laws are applicable.

Links to the Planning Portal

You are free to link to any of the Planning Portal pages from your website.

You can also view a guidance note on linking to the Planning Portal (created for Local Planning Authorities) which contains advice and a list of many of our useful URLs.

If you require assistance or help in determining the best link to use, please contact editorial@planningportal.co.uk.

Copying

You shall not copy, sell, rent, lease, license, sublicense, grant any rights in, transfer, distribute, time-share or otherwise assign to any third party any portion of the Planning Portal.

You must not permanently store or otherwise copy any Planning Portal content for wider distribution or commercial gain.

Intellectual Property and Copyright

Unless otherwise stated, any intellectual property rights arising in respect of the Planning Portal's design, text, graphics, its selection and arrangement, software and all other material (the 'Content') on or in the Planning Portal belong to PortalPlanQuest, or third-party content providers where indicated.

Copying or use of such intellectual property rights or software is not permitted without the prior approval of the intellectual property owner, unless expressly allowed under these terms and conditions.

If you are an employee of an organisation, you should be aware that any information uploaded onto the Planning Portal by you in the process of making an application as an employee is covered by your employment terms and may to be the intellectual property of your employer. We recommend that if you change employer or undertake any private work whilst employed, you should open a different account. If you need to amend any account details or transfer data from one account to another, you should do so whilst you still have access to the original email address. If you need to amend any account details or transfer data from an account relating to a previous employment, you must provide written authorisation of that employer or an alternative form of identity verification when contacting our Support Desk for assistance.

Unauthorised access by third parties

We have implemented security policies, controls and technical measures to protect the personal data that we have under our control in line with our privacy policy.  However, should third parties access the Planning Portal, PPQ will not be liable for any damages or loss arising out of or resulting from any unauthorised access to, alteration to or modification of information contained on the Planning Portal.

Illegal Use

You must not use the Planning Portal for any of the following:

  • For fraudulent purposes or in connection with a criminal offence or other unlawful activity
  • To send, state, publish, use or reuse any material which is offensive, abusive, defamatory, indecent, obscene, threatening or illegal or in breach of any other rights
  • To transmit any chain letters, spam letters, or junk email or participate in mischievous or malicious behaviour which causes or may cause damage, annoyance, inconvenience or needless anxiety to PortalPlanQuest, the Planning Portal or any other member or user of the Planning Portal

PortalPlanQuest will co-operate with investigations by any law enforcement agency or any relevant authority in the investigation of suspected criminal activity and/or violation of its systems and networks.

Updates

We recommend that you refer to this area of the Planning Portal on a regular basis to ensure that you are aware of our most recent Terms, Privacy Statement and other policies.

PortalPlanQuest reserves the right to modify, add to or amend these Terms and Conditions, our Privacy Policy, and any other policies from time to time. Any such modifications, additions or amendment will be effective immediately on being posted to the Planning Portal. Continued use of the Planning Portal after any modification, addition and/or change has been made is your acceptance of the updated version.

Changes to/operation of Planning Portal

  • The Planning Portal may change in format and content at any time.
  • The archiving of old material will be in accordance with the Planning Portal archiving policy (see below).
  • The Planning Portal may be suspended from operation for support or maintenance work, in order to update the content or for any other reason.
  • The Planning Portal reserves the right to terminate access to the Planning Portal website at any time and without prior notice.

Conditions for document upload

To support local authorities in process your application through your submission of planning and building control related supporting documents, please comply with the conditions of uploading documents as set out in our policy (see below).

Law and disputes

The terms and conditions shall be governed and construed in accordance with the laws of England and Wales and any dispute arising in relation to the Planning Portal whether on contract or in tort or otherwise shall be subject to the non-exclusive jurisdiction of the English courts.

PortalPlanQuest reserves the right to bring proceedings in the courts of the country of your residence or your principal place of business.

General

These terms and conditions cannot be varied except in writing by PPQ.

Any breach of these terms and conditions shall entitle PPQ to immediately terminate your use of the Planning Portal and/or the agreement with you without notice.

If any provision in these terms and conditions is found to be invalid or unenforceable by any authority having competent jurisdiction, such invalidity or unenforceability shall not affect the validity of the remaining provisions of these terms and conditions, which shall remain in full force and effect.

Failure by either party to insist upon strict performance of any provision of these terms and conditions, or the failure of either party to exercise any right or remedy to which it is entitled under these terms and conditions shall not constitute a waiver of that right or remedy and shall not cause a diminution of the obligations established under these terms and conditions.

Headings in these Terms and Conditions are for convenience only and will have no legal meaning or effect.

Disclaimers

Guidance

This website (including all content provided within it) is not a definitive source of legal information. If you are in any doubt you should contact your local authority before undertaking any work.

Building Regulations content

Building Regulations content on the Planning Portal provides you with a practical level of guidance to enable you to better understand how the Building Regulations might impact on a building project you are doing or considering.

It is not a definitive interpretation of the Building Regulations. We urge you to seek appropriate professional advice before starting work, and to choose a registered builder, or a registered installer, to carry out any work.

Accuracy/completeness of information

We require all users and providers of information to ensure the accuracy and completeness of their information. Information is provided without any representation or endorsement made and without warranty of any kind (whether express or implied), including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.

The information provided on or via the Planning Portal is intended to be informative only and is provided on an "as is" and "as available" basis. In using the Planning Portal you acknowledge that any reliance upon any information obtained or received via the Planning Portal shall be at your own risk. If you are in any doubt, please seek independent professional advice.

Website functionality and data

We do not warrant that the functions of the Planning Portal will be uninterrupted or error free, that defects will be corrected, or that this Planning Portal or the servers that make it available are free of viruses.

We do not warrant that the data transmitted through the Planning Portal will be uninterrupted, error free or free of viruses.

In no event will we be liable for negligence (except for personal liability or death), any loss or damage including, without limitation, indirect or consequential loss or damage, or any loss or damages whatsoever arising from use or loss of use of, data or profits arising out of or in connection with the use of the Planning Portal.

Third party content (including advertising and sponsorship)

The Planning Portal hosts advertising, sponsorship and other third-party content to help fund and develop the site. By hosting such third party content, the Planning Portal does not endorse any specific commercial product, service or organisation nor does it hold any liability for them. Third party advertisers are fully responsible for the accuracy of all representations made in their advertisements.

The Planning Portal accepts no responsibility for the goods and services provided by, or the conduct of, third parties on their websites. Third parties are responsible for the accuracy of all content and opinions expressed on their own websites, their own disclaimers and privacy policies. By using their websites or content or by entering into any agreement with them you will be bound by their terms and conditions.

Definitions

  • Application: means any Planning Portal supplied form used to process and submit information to a Local Planning or Building Control Authority.
  • Browser means a software application used to locate and display web pages.
  • Cookie means message given to a web browser by a web server. The browser in a text file called cookie.txt then stores the message. Each time the browser requests a page from the server, this message is sent back. A cookie's main objective is to identify users and personalise their visit by customising web pages for them for example by welcoming them by name next time they visit the same site. A site using cookies will usually invite you to provide personal information such as your name, e-mail address and interests.
  • Crown Content means the information, documents and material provided on or via the Planning Portal that was originated by a UK government department or agency which is subject to Crown copyright protection.
  • IP (Internet Protocol) means the technical standard that allows data to be transmitted between two devices connected to the internet.
  • Third party content means the information, documents, material, advertising and sponsorship provided on or via the Planning Portal by content developers other than PortalPlanQuest.
  • PortalPlanQuest/PPQ/Planning Portal means PortalPlanQuest Limited, a company incorporated in England and Wales (registered with number 9400439) whose registered office is at 1390 Montpellier Court, Gloucester Business Park, Brockworth, Gloucester, GL3 4AH.
  • Web server - Delivers (serves up) web pages to your browser.

Privacy and Cookie Policy

In the course of using the Planning Portal services, you may submit information (including your personal data and the personal data of others).  By accessing and using this site, you are expressly consenting to our processing your data in the manner described in our privacy and cookie policy.

View our full privacy and cookie policy.

If for some reason you object to this use and any disclosure of your personal information then please do not register with us or use the Planning Portal.

This privacy and cookie policy forms part of the terms and conditions of the Planning Portal.

Third Party websites linked to from the Planning Portal are not covered by our privacy policy. We recommend you review the privacy policies of such websites before continuing to use these.

Confidentiality and security

Your attention is drawn to the fact that any information carried over the Internet is not secure; information can be intercepted, lost, redirected, changed and read by other people. Any transmission is at your own risk.

Once we have received your information, we will use strict procedures and security features to try and prevent unauthorised access and protect your personal data against unlawful processing, accidental loss, destruction and damage. We will retain your information for a reasonable period of time or as long as the law requires.

We have implemented security policies, controls and technical measures to protect the personal data that we have under our control from:

  • unauthorised access
  • improper use or disclosure
  • unauthorised modification
  • unlawful destruction or accidental loss

All our employees, contractors and subcontractors who have access to and are associated with the processing of personal data, are obliged to respect the confidentiality of our visitors' personal data.

We use leading technologies and encryption software to safeguard your data, and set strict security standards to prevent any unauthorised access to it.

Your rights and responsibilities

Please ensure that the information you submit is accurate and correct.  Do not include personal or sensitive information about third parties (including family members) unless you have told the individual concerned and they consent to it being supplied.

Tell us as soon as possible if any of the personal information you have provided should change.

All new and existing users are, by default, opted out of the choice to share their data for marketing purposes. However, If you wish to share your data, new and existing users can do this by checking certain boxes as part of the registration process, logging in to your account or by contacting us at any time at communications@planningportal.co.uk.

Where we have given you (or where you have chosen) a password which enables you to access certain parts of our website, you are responsible for keeping this password confidential. You should not share this password with anyone.

Access to information

Your right of access can be exercised in accordance with the General Data Protect Regulation 2018 and the Data Protection Act 2018 ("the Act"). Evidence or proof of your identity will be required.

It is both in our interest and yours to hold accurate data. If the data we hold on you is inaccurate in any way, where appropriate, you may:

Update your account details. You can update your registration and other account information on your Registration page.

Access and correct your personal information. As an account holder, you may access and correct certain personal information that Planning Portal holds about you by visiting your Account Registration page or by contacting us via our contact details below.  

We will respond to any request to exercise these rights within a reasonable time and, where required by law or where we deem it otherwise appropriate and practicable to do so.

Cancel your account. To cancel and remove your account, please contact us via our contact details below. Removing your account will cause all the form and supporting document data in the account to be permanently deleted from our systems within a reasonable time period, as permitted by law, and will disable your access to any other services that require an account.

We will respond to any such request, and any appropriate request to access, correct, update or delete your personal information within the time period specified by law (if applicable) or without excessive delay. We will promptly fulfil requests to delete personal data unless the request is not technically feasible or such data is required to be retained by law (in which case we will block access to such data, if required by law).

Contact us

If you have any questions about your personal data or our Privacy Policy or if you wish to correct any data about yourself that you feel to be inaccurate, provide us with feedback, or make an access request to your personal data, please contact the Planning Portal Support Desk

Email: support@planningportal.co.uk

Postal Mail: 

Planning Portal Support Desk
Planning Portal
Suite 4C, Spectrum Building 
Bond Street
Bristol, BS1 3LG

Telephone Number: 0333 323 4589

If you have any questions about our communications and marketing please email us at communications@planningportal.co.uk

Changes to the privacy policy

Any changes we may make to our privacy policy in the future will be posted on this page and, where appropriate, notified to you.

Archiving policy

The Planning Portal will archive supporting documents two years after an application is submitted, meaning that they will no longer be available on the live site.

Application forms older than two years cannot be downloaded or amended, but can still be viewed or copied on the live site.

To learn how you can download these documents before they are archived, please read our FAQ.

If you require assistance then please contact our Support Desk: support@planningportal.co.uk.

Terms and conditions for uploading of documents

By accepting the terms and conditions you are confirming that you have complied with the following for each of your documents:

  1. I confirm that I have successfully printed all plans and drawings to the correct scale from the attached file(s). The local planning authority (LPA) must be able to accurately print all documentation.
  2. I confirm that plans have been drawn to an identified scale and show the direction of North, and have the original paper size and scale (e.g 1:200 at A3) clearly marked upon them.

We recommend submitting plans and drawings on A3 with at least two key dimensions on them. This will help the LPA process your application more efficiently.

Please consider placing fewer elevations on smaller page sizes, even if this means submitting more documents. We would also recommend only using colour where necessary as this can greatly increase file sizes depending on the file type and colour depth used.

Please note the following restrictions to ensure that documents will successfully upload:

File types - Supported file types are:

  • Adobe PDF - .pdf
  • Images - .bmp, .gif, .jpg / .jpeg, .png, .tif
  • CAD (HPGL) - .plt
  • Microsoft Office - .doc / .docx, .xls / .xlsx
  • Text - .rtf, .txt
  • Video – .avi, .mov, .mp4 .mpg / .mpeg, .wmv
  • GML - .gml

If you wish to submit supporting documentation by any other method, we recommend that you use the file types listed above wherever possible. If you wish to use any other file type, you should check with your Local Planning Authority (LPA) before submission as they may not be able to accept them.

File size - You will not be able to upload files larger than 5MB. If your document exceeds this limit please refer to our guidance on reducing file sizes