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Notice

Privacy notice relating to necessary wayleave and tree lopping/felling applications

Published 29 July 2026

© Crown copyright 2026

This publication is licensed under the terms of the Open Government Licence v3.0 except where otherwise stated. To view this licence, visit nationalarchives.gov.uk/doc/open-government-licence/version/3 or write to the Information Policy Team, The National Archives, Kew, London TW9 4DU, or email: psi@nationalarchives.gov.uk.

Where we have identified any third party copyright information you will need to obtain permission from the copyright holders concerned.

This publication is available at https://www.gov.uk/government/publications/necessary-wayleave-and-tree-loppingfelling-applications-privacy-notice/privacy-notice-relating-to-necessary-wayleave-and-tree-loppingfelling-applications

Your data

We will process the following personal data:

  • names, email address, and contact details of landowners/occupants and applicants.
  • organisation details and address where relevant
  • documents and files relevant to the determination of a necessary wayleave or tree lopping / felling application, including Land Registry Register(s) and Title Plan(s), Deeds, previous wayleave agreement(s), notices and compensation payments/discussions

This data has been provided by the applicant (the electricity network operator) to support their application for the grant of a Necessary Wayleave or Tree Lopping / Felling Order.

Supplementary information may also be provided by the landowner/occupier to support their case.

Purpose

We are processing your personal data for the purposes of the statutory application process, whereby before granting a Necessary Wayleave or a Tree Lopping / Felling Order, the Secretary of State shall afford the landowner/occupier an opportunity of being heard.

The legal basis for processing your personal data is provided under the UK GDPR Article 6(1) (e). That is, the processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.  The official authority for processing and determining necessary wayleave and tree lopping/ felling applications is provided under Schedule 4 to the Electricity Act 1989.

Recipients

Your personal data will be shared by us with either the Planning Inspectorate or Planning & Environment Decisions Wales, where necessary as part of the application process. This will enable the appointment of an Inspector under the Electricity (Necessary Wayleaves and Felling and Lopping of Trees) (Hearing Procedures) (England and Wales) Rules 2013. We may share your data if we are required to do so by law, for example by court order or to prevent fraud or other crime. 

As part of our IT infrastructure, your personal data will be stored in the UK on systems provided by our data processors - Microsoft and Amazon Web Services. This does not mean we actively share your personal data with these entities; rather, they are technical service providers who host infrastructure supporting our IT systems.

Retention

Personal information will be kept for a period of seven years following the date that the application is decided; withdrawn or deemed invalid. The letter recording the Secretary of State’s decision which includes the name and address of the applicant and landowner/occupier will be kept as part of the permanent record.

International transfers

Your personal data will be processed in the UK.

Your rights

  • you have the right to request information about how your personal data are processed, and to request a copy of that personal data

  • you have the right to request that any inaccuracies in your personal data are rectified without delay

  • you have the right to request that any incomplete personal data are completed, including by means of a supplementary statement

  • you have the right to request that your personal data are erased if there is no longer a justification for them to be processed

  • you have the right in certain circumstances (for example, where accuracy is contested) to request that the processing of your personal data is restricted

  • you have the right to object to the processing of your personal data where it is processed for direct marketing purposes

  • you have the right to object to the processing of your personal data

To exercise your rights please contact the Data Protection Officer using the contact details below.

Contact Details

The data controller for your personal data is the Department for Energy Security and Net Zero (DESNZ).

Contact the DESNZ DPO:

DESNZ Data Protection Officer
Department for Energy Security and Net Zero
3-8 Whitehall Place
London
SW1A 2EG

If you are unhappy with the way we have handled your personal data, please write to the department’s Data Protection Officer in the first instance using the contact details above. 

Complaints

If you consider that your personal data has been misused or mishandled, you may make a complaint to the Information Commissioner, who is an independent regulator. 

Contact the Information Commissioner's Office (ICO):

Email icocasework@ico.org.uk

Contact form https://ico.org.uk/mak...

Telephone 0303 123 1113

Any complaint to the Information Commissioner is without prejudice to your right to seek redress through the courts.

Updates to this notice

If this privacy notice changes in any way, we will place an updated version on this page. Regularly reviewing this page ensures you are always aware of what information we collect, how we use it, and under what circumstances we will share it with other parties. The ‘last updated’ date at the bottom of this page will also change.

If these changes affect how your personal data is processed, we will take reasonable steps to let you know.

Last updated: 29 July 2026

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