Planning consideration

Historic landfill

Details

Name
Historic landfill
Description
Sites where there is no PPC (Pollution Prevention and Control) permit or waste management licence currently in force
Synonyms
Github discussion
90
Legislation
Is local land charge?
No
Is related to Local plans?
No
Useful links
Stage
Co-design
Prioritised
False

Design process stages

Each planning consideration we work on passes through the stages of our design process. At each stage we are trying to learn enough to more on to the next stage.


5 notes

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  • Mike Rose (14 October 2024)

    Environment Agency responded on 10.10.24 ->

    Thank you for your email.

    The one-year limit on the licence is in place because the Historic Landfill data contains information we consider “personal data” under the Data Protection Act and GDPR. This includes names, addresses, licensee and operator details, licence issue and surrender dates, first and last input dates, waste types, and some historical comments.

    Conditions related to Data Protection:

    ‘1. Notwithstanding the fact that the standard wording of the Environment Agency Conditional Licence indicates that it is perpetual, this Licence has a limited duration of one year at the end of which it will terminate automatically without notice. 2.1. The Information contains some data that we believe is within the definition of “personal data” under the Data Protection Act 1998 but we consider that we will not be in breach of the Act if we disclose it to you with conditions set out in this condition and the condition above. This personal data comprises information relating to individuals, or to sites operated by an individual or partnership of individuals. 2.2 Under the Act a person who holds and uses or passes to others personal data is responsible for any compliance with the Act and so we have no option but to warn you that this means you have responsibility to check that you are compliant with the Act in respect of this personal data.’

    However, you must first check the licence information on the dataset page to determine if the conditions on use are suitable for your purposes. If they aren’t, this information is not provided with a licence for use, and the data is provided for read right only.

    Many thanks,

    Defra Support Team

  • Mike Rose (11 October 2024)

    Environment Agency has been contacted via their data sharing platform Helpdesk to confirm our interpretation of the conditional licence.

    We have also asked for an explanation of the time limit condition.

  • Kieran Wint (03 September 2024)

    The dataset published through data.gov.uk by the Environment Agency for Historic Landfill Sites is updated 'as needed', so this has been marked as ad hoc.

  • Mike Rose (14 August 2024)

    The 'Conditional EA Licence' that applies to the Historic Landfill Data from the Environment Agency is broadly compatible with the OGL.

    The key difference that is outlined within the metadata for the dataset (which is how this conditional licence works) is that the licence is not perpetual but limited to a year.

    The licence (the year) appears to restart every time the data is downloaded / accessed.

    There is also a recognition that there may be some personal data in the records as a result of how former owners / permit holders of historic landfill sites have been captured.

    However, similarly to the OGL the nuance in the conditional licence is effectively 'user beware' and making sure that we (the user) are checking that GDPR or similar is not being infringed.

    Therefore for the purposes of the planning data platform, we need to flag that the data is under the EA conditional licence, ensure that there are links back to the appropriate licence and metadata and ensure that the data is collected / accessed / downloaded at least annually.

  • Kieran Wint (07 August 2024)

    Two datasets have been identified, both titled "Historic Landfill Sites." One is published through the "Catchment Based Approach Data Hub", the other through data.gov.uk, supplied by the Environment Agency.

    A little bit more research will need to be done to check whether this is the same data. Initial signs point to yes, as the licence is the same and the attribution statements are similar, but we need to confirm this.

    This can be completed in the co-design phase.


Last updated: 2024-09-03 15:54:20