GATE BURTON ENERGY PARK PRIVACY NOTICE – COMPULSORY ACQUISITION

Gate Burton Energy Park Limited ("we", “our”, "us" or “GBEPL”) is committed to protecting and respecting your privacy.

In this notice we explain how any personal data we collect from you, or that you provide us, in relation to compulsory acquisition powers (as defined below), will be processed by us. We are required to notify you of the information contained in this privacy notice. It is important that you read this notice so that you are aware of how and why we are using such information and how we will treat it.

1. How we use your personal data

We are providing you with this privacy notice because we are processing your personal data in connection with the making of The Gate Burton Energy Park Order 2024, including the exercise of compulsory acquisition powers (explained below). We want you to understand how we look after your personal data and how we make sure that we meet our legal obligations to you under the UK and EU data protection laws including the General Data Protection Regulation (GDPR) and the Data Protection Act 2018 (the "Data Protection Laws").

This notice applies to any personal data that we collect about you in relation to The Gate Burton Energy Park Order 2024. When we collect and use your personal data, we are the controller of it, which means that we are responsible for looking after it. However, the information may be collected on our behalf by Gateley Hamer Limited, an organisation we have contracted to help us. While Gateley Hamer Limited have a legal responsibility to look after your personal data, we still have overall responsibility. We will use your personal data fairly, lawfully and in a transparent matter, and in accordance with the Data Protection Laws.

2. Data controller

The entity responsible for the processing of your personal data is:

Gate Burton Energy Park Limited
Stirling Square, 5-7 Carlton Gardens, London, England, SW1Y 5AD
Company number: 12660764

As referenced above, GBEPL is the data controller of personal data provided by you or collected about you.

3. Exercise of compulsory acquisition powers

The Gate Burton Energy Park Order 2024 (the “Order”) was made under the Planning Act 2008 by the Secretary of State for Energy Security and Net Zero on 12 July 2024 and comes into force on 3 August 2024. The Order authorises GBEPL to construct, operate, maintain and decommission the Gate Burton Energy Park consisting of solar photovoltaic panels and energy storage facility together with associated infrastructure and associated development. The Order authorises GBEPL to compulsorily acquire land, and interests in or rights over land, which is subject to the Order, for the Gate Burton Energy Park or to facilitate the Gate Burton Energy Park or for purposes incidental to it.

GBEPL has sought to acquire the necessary land and rights for the Gate Burton Energy Park by agreement. However, there are a number of interests that may need to be compulsorily acquired in order for the Gate Burton Energy Park to be delivered. As a part of the compulsory acquisition process, the law requires GBEPL to request that those people and organisations with a legal or beneficial interest in land which might be subject to compulsory acquisition powers to provide us with information in order for us to establish whether they are entitled to claim compensation.

4. What information do we collect about you?

We collect your name (and/or company name) and contact details (including your address, registered company address, telephone number and email address), the details of your interest or ownership in the relevant land, the details of other interests in the land (such as a mortgage), and any additional information you may provide us.

If you visit our website, we may also automatically collect information and personal data about your computer for system administration including, where available, your IP address, operating system and browser type. Please see our cookie policy for further information about what information may be automatically collected when you visit our website.

Please note that we may combine personal data we receive from other sources with personal data you give to us and personal data we collect about you.

5. Where do we get this information from?

We collect some of your information directly from you, either through information that you give to us or information that we collect during your visits to our website or through your communications with us. We also obtain some information from other third parties, including public records such as the HM Land Registry, the electoral roll, Experian 192, Companies House, the Charity Commission, the Financial Conduct Authority, TraceIQ, BT Directory, online registries, websites of organisations and information which may be obtained from a general internet search or from other persons with a legal or beneficial interest in the land.

6. Purpose for processing your information

It is necessary for us to collect and use your personal data in order to comply with our legal obligations under the Order, Planning Act 2008, the Compulsory Purchase Act 1965 and the Compulsory Purchase (Vesting Declarations) Act 1981 in relation to the exercise of compulsory acquisition powers. This is the basis on which our processing of your personal data is lawful.

In order to comply with our legal obligations, we need to be able to:

contact you to discuss the acquisition of land or rights over land from you and any compensation payable to you;
produce documents that are required by law including a General Vesting Declaration, which will be registered at the Land Registry and which will be a publicly available document;
notify you of the making of a General Vesting Declaration;
serve a Notice to Treat and Notice of Entry on you;
if applicable, share your mortgage reference with lenders or mortgagees to enable them to check information which may affect them.

We also have a legitimate interest to use the personal data we collect to engage further with you in connection with the Order and the Gate Burton Energy Park. This is also the basis on which our processing of your personal data is lawful.

7. Change of purpose

We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

8. Disclosure of your information

We may share your information with carefully selected third parties, including our professional advisers, but only for the purposes specified in this notice. In particular, we may share your personal data with Gateley Hamer Limited (our land agents), Carmargue Group Limited (our communications consultants), Pinsent Masons LLP (our legal advisers) and Low Carbon Limited, plus any other group company or affiliate of GBEPL.

We may also share your information (where required or permitted by law) with government bodies, law enforcement agencies, and, as set out above, your lender or mortgagee. We do not share your information with third parties for marketing purposes.

9. Storage of your information

Except as otherwise legally required, we will typically keep your personal data for 10 years from the date of the exercise of the compulsory acquisition powers in case a claim for compensation is referred to the Upper Tribunal (Lands Chamber).

10. What rights do you have?

You have a number of rights under the Data Protection Laws in relation to the way we process your personal data, which are set out below. You may contact us using the details set out below in the “Contacting Us” section to exercise any of these rights.

You have the following rights:

You have the right to request access to, rectification or erasure of your personal data.
You also have the right to have the processing of your personal data restricted.
If processing of your personal data is based on your consent, you have the right to withdraw your consent at any time. Your withdrawal will not affect the lawfulness of the processing carried out before you withdrew your consent.
You have the right to receive your personal data in a structured, commonly used and machine-readable format (data portability).
You may always lodge a complaint with a data protection supervisory authority, e.g. the Information Commissioner’s Office.

Furthermore, you have the right to object to processing of your personal data as follows:

If processing of your personal data is based on it being necessary to comply with a legal obligation or for legitimate interests, you have the right to object, on grounds relating to your particular situation, at any time to the processing of your personal data.
Where your personal data is processed for direct marketing purposes, you have the right to object at any time to the processing of personal data about you for such marketing.

There may be conditions or limitations on these rights. It is therefore not certain, for example, that you will have the right of data portability in the specific case - this depends on the specific circumstances of the processing activity.

11. What if you have a complaint?

If you have any concerns regarding our processing of your personal data or are not satisfied with our handing of any request made by you, or would otherwise like to make a complaint, please contact GBEPL using the details below so that we can do our very best to address the problem.

You can also contact the Information Commissioner’s Office (the “ICO”) by telephone on 0303 123 1113 or by post as follows: Information Commissioners Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF or via email at casework@ico.org.uk.

12. Contacting us

If you have any queries, comments or requests regarding this notice or you would like to exercise any of your rights set out above, you can contact us as follows:

by post to Gate Burton Energy Park Limited, Stirling Square, 5-7 Carlton Gardens, London, England, SW1Y 5AD; or
by email to info@gateburtonenergypark.co.uk

This notice was last reviewed and updated in July 2024.