Terms and conditions for the Planning and Environment Decisions Wales (PEDW) casework service.
1.Terms of website use
2. Information about us
The Website is operated by Planning and Environment Decisions Wales. Planning and Environment Decisions Wales (PEDW) is a division of the Welsh Government and manages casework relating to the development and use of land in the public interest in Wales. Further information about PEDW, including contact details, can be found at Planning and Environment Decisions Wales.
3. Accessing the Website
You agree to use the Website only for lawful purposes, and in a manner that does not infringe the rights of, or restrict or inhibit the use and enjoyment of, the Website by any third party.
Access to the Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on the Website without notice (see below). We will not be liable if for any reason the Website is unavailable at any time or for any period.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at PEDW.Casework@gov.wales or 0300 0604400.
You are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these terms, and that they comply with them.
4. How we use your information
Planning and Environment Decisions Wales takes its data protection responsibilities for the information you provide us with very seriously. To find out more about how we use and manage your personal data, please go to our privacy notice.
5. Retention periods
PEDW Casework Portal accounts
You will need to create an account in order to submit an appeal when using the Website. If you would like more information on how we use your personal details, please see paragraph above. The Website will automatically delete accounts (excluding local planning authority (LPA) accounts), which have not been accessed for 3 years.
The definition of the term ‘accessed’ in this situation means if an account has not been successfully accessed within a 3 year time period. If a customer attempts to log on unsuccessfully, this will not be deemed as accessing the account and will not affect the 3 year time period.
No personal data previously held on the deleted account will be retained on the Website database after this timeframe has expired.
Once an account has been deleted, customers will be able to re-use the same email address and username should they wish to create a new PEDW Casework Portal account.
Customers will be able to delete their own appeals/questionnaires/representations from their PEDW Casework Portal account (i.e. those which have been submitted and those which have been started but not yet submitted to Planning and Environment Decisions Wales).
6. Automatic deletion of items not yet submitted
Appeals/questionnaires/representations (including attachments) which have been started but not yet submitted to Planning and Environment Decisions Wales will be deleted from the [ACP] Website database if they have not been updated in 180 days. This will mean that they are no longer viewable on the [customer’s] [ACP] Website account.
If a [customer] simply goes into the form without moving between tabs, answering a previously unanswered question or amending a question, then this isn’t classed as an update and the 180 day countdown continues. If the user goes into the form and does one of the aforementioned, then this is classed as an update, and the 180 day countdown begins again.
21 days prior to the item being deleted, an icon will appear next to the submission. When hovered over, the icon displays how many days there are before the submission is deleted. If a user wants an item to remain, then they will need to go into the item and make an update for the 180 day countdown to begin again.
7. Automatic deletion of items successfully submitted
For non-LPA (local planning authority) customers, appeals/representations will be deleted from the [ACP] Website database (so it will no longer be viewable on their [ACP] Website account) 1 year after submission.
For LPA (local planning authority) customers, questionnaires/representations will be deleted from the ACP Website database (so it will no longer be viewable on the customer’s ACP Website account) 180 days after submission.
All attachments uploaded to the forms will be deleted from the ACP Website database 1 year after submission.
8. Reliance on information posted
Commentary and other materials posted on the Website are not intended to amount to advice on which reliance should be placed. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content of the Website. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to the Website, or by anyone who may be informed of any of its contents.
9. How you may use material on the Website
The material featured on the Website is subject to Crown copyright protection unless otherwise indicated. The Website is published under the Open Government Licence v3.0 (http://www.nationalarchives.gov.uk/doc/open-government-licence/), and you can reproduce information from the Website (not including logos) as long as you obey the terms of that licence. However, please note that some information published on the Website is excluded from the Open Government Licence. You must ensure you comply with any copyright for third party products or documents.
Certain materials available through the Website - such as maps, plans and drawings - are made available with the authority of PEDW pursuant to section 47 of the Copyright & Patents Act 1988. Unless that Act provides a relevant exception to copyright, further copies must not be made without the prior permission of the copyright owner. Reproducing an Ordnance Survey map can only be done if you have a licence to do so. More information on Ordnance Survey map licensing is available on their website.
In addition, we may make some of our information available through feeds to third parties for use on websites or other applications. Please be aware, however, that these are not our products. These applications may use versions of our information and guidance that has been edited or cached. The most up-to-date version of our information will always be that available on the Website.
We do not provide any guarantees conditions or warranties as to the accuracy of any such third party products and do not accept liability for loss or damage incurred by users of such third party products under any circumstances.
10. The Website changes regularly
We aim to update the Website regularly, and may change the content at any time. Although we make reasonable efforts to update the information on the Website, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
If the need arises, we may suspend access to the Website or close it indefinitely.
11. Our liability
The material displayed on the Website is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we hereby expressly exclude:
- All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
- Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the Website or in connection with the use, inability to use, or results of the use of the Website, any websites linked to it and any materials posted on it, including, without limitation any liability for: loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, loss of goodwill, wasted management or office time and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
The Website may provide hyperlinks to other websites and resources provided by third parties. Planning and Environment Decisions Wales is not responsible for the availability of such other websites and does not endorse, and is not responsible or liable for any resources, content, products or other materials available on such other websites.
13. Viruses, hacking and other offences
You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial of service attack or a distributed denial of service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial of service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any material posted on it, or on any website linked to it.
14. Linking to the website
You may link to the Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to the Website from any website that is not owned by you.
The Website must not be framed on any other website. We reserve the right to withdraw linking permission without notice.
If you wish to make any use of material on the Website other than that set out above, please submit an enquiry to PEDW.Casework@gov.wales.
15. Applicable law and jurisdiction
These terms and conditions, their subject matter and their formation (and any non-contractual disputes or claims) are governed by the laws of England and Wales. The courts of England and Wales will have exclusive jurisdiction over any claim arising from, or related to, a visit to the Website.
We accept no liability for any failure to comply with these terms and conditions where such failure is due to circumstances beyond our reasonable control. If we waive any rights available to us under these terms and conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
If any of these terms and conditions are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force.