What is GDPR?

The General Data Protection Regulation (GDPR) will come into effect in the UK from 25 May 2018. Even though GDPR is Europe’s new framework for data protection laws, the Government has confirmed GDPR will continue to apply to the UK after Brexit.

Does it apply to me?

The GDPR has a huge scope and will apply to almost all farms and Estates. If your business processes, stores or transmits personal data then GDPR will apply to you. ‘Personal Data’ means any information that can directly or indirectly identify a person. For example, tenant names and contact details, employee information and customer lists. The GDPR applies to both automated personal data and paper records.

The one exception is that the GDPR does not apply to people processing personal data in the course of exclusively personal or household activity. This means you wouldn’t be subject to the Regulation if you keep personal contacts’ information on your computer or you have CCTV cameras on your house to deter intruders.

What do I need to do?

The current UK data protection law encompasses many of the main concepts and principals of GDPR. However, there will be additional obligations and potential liabilities. The Information Commissioners Office website provides some useful information on preparing for the GDPR, but in brief the following steps are recommended:

1. Awareness – Make the relevant people in your organisation aware that the law is changing and the implications of GDPR for your business
2. Information Audit – Undertake a data audit and document what personal data you hold, where it came from and who you share it with
3. Privacy Notices – Review your current privacy notices and implement any necessary changes to encompass the requirements of GDPR
4. Individuals Rights – Ensure your procedures take into account all the rights individuals have in respect of the data you hold
5. Access Requests – Consider how you would handle data requests from individuals
6. Lawful Basis – Establish the lawful basis upon which you currently process personal data
7. Consent – Consider whether you need to obtain consent for the data you process
8. Children – do you need to obtain parent or guardian consent for the data you process
9. Data breaches – Check your procedures for dealing with a personal data breach
10. Take responsibility - Designate someone in your organisation to take responsibility for data protection compliance

 

For further information contact Rebecca Ruck Keene email

 

The Government has recently announced an extension to the existing Permitted Development Rights (Class Q) for the conversion of agricultural buildings to residential use. The previous rights allowed conversion of 450sqm to up to three dwellings. From 6th April 2018 this increased to allow up to 5 dwellings to be created.

Subject to criteria on protecting the environment and amenity, the new Class Q Rights will allow for:

• up to 3 larger homes within a maximum of 465sqm; or
• up to 5 smaller homes each no larger than 100sqm; or
• a mix of both, with a total of no more than 5 homes, of which no more than 3 may be larger homes. This could result in a combination of 1 larger home totaling 465 sq. m plus 4 smaller homes at 100 sq. m each giving a total maximum development of 865 sq.

 

Fisher German have successfully secured planning permission for a barn conversion, in Thorpe Mandeville for a long-standing family client.

Having obtained permission for a barn conversion in 2016 we were approached by another family member in 2017 to advise on the possibility of converting a further barn.

We considered the merits of a prior approval (Class Q) application and a full planning application with the client. Recommending a full application gave us the flexibility to add a small link extension between the two units of the barn, and provided more freedom over the garden size and access to the barn.

A measured survey of the existing buildings was prepared by Fisher German’s in house drawing department who utilised this to produce existing and proposed plans for conversion.

To support the application a preliminary habitat survey was undertaken, and found no evidence of wildlife. In addition, a structural survey confirmed the building was sound for conversion.

The application was submitted to the local authority. The planning officer had some reservations regarding the design and potential for the spread of domestic paraphernalia in the immediate vicinity of the barn once converted. Due to its subjective nature, design is a regular area of negotiation in a planning application.

Through negotiation with the Council we agreed some minor amendments to the design of the building; creating a more minimalist style with less landscaping around the property. Fisher German were able to successfully demonstrate that the design complemented its surroundings; and was a logical and sensible addition.

Through early and proactive engagement with the Planning Officer, and swift action by Fisher German drawing team to make the alterations, we successfully secured planning permission. Without this level of engagement, it may not have been possible to negotiate a positive outcome.

 

For further information please contact Amy Hutsby email or Simon Warner email

 

The latest edition of Agri View has recently been published, filled with a range of interesting articles and comment. Click 'more' below to take a look.