I may not have read the article as closely as I needed to but I thought that they had destroyed planning applications, not the whole register.
I wanted to see the 1947 Act because the article referred to it and I had not seen the Act cited previously in discussions about retention guidelines, in the way that the public records act of 1958 is often mentioned.
Best,
Lawrence
Lawrence W. Serewicz
Principal Information Management Officer
Assistant Chief Executive's Office
Room 140/4
Durham County Council
Durham
DH1 5UF
Tel 0191-372-8371
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From: The UK Records Management mailing list [[log in to unmask]] On Behalf Of Bradshaw, Phillip [[log in to unmask]]
Sent: Thursday, April 28, 2011 10:15 AM
To: [log in to unmask]
Subject: Re: Retention Guidelines Town and Country Planning Act 1947 recent Ombudsman ruling on destruction of statutory planning documents
the old “to keep” argument
Indeed. The operative word however is "usually" and at the end of the day one has to look at the underlying purpose and regime. I would certainly say that a statutory register is very much to one end of the continuum.
Phillip Bradshaw
Information Manager
Scrutiny Performance & Improvement
Room CY5C, County Hall
Phone: 029 2087 3346
Mobile : 07890 265987
Fax: 029 2087 3349
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From: The UK Records Management mailing list [mailto:[log in to unmask]] On Behalf Of Cowling Clare
Sent: 28 April 2011 09:25
To: [log in to unmask]
Subject: Re: Retention Guidelines Town and Country Planning Act 1947 recent Ombudsman ruling on destruction of statutory planning documents
Ah, the old “to keep” argument. In 2006 TNA said:
“a statutory requirement to ‘keep’ a particular form of record is usually a requirement to create it and maintain it while it is in active use, and not an obligation to preserve it permanently” (TNA General guidelines for the retention of records version 1<http://www.nationalarchives.gov.uk/documents/general-guidelines.pdf>, August 2006, p.6
Clare
Clare Cowling
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Transport for London
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From: The UK Records Management mailing list [mailto:[log in to unmask]] On Behalf Of Bradshaw, Phillip
Sent: 28 April 2011 09:07
To: [log in to unmask]
Subject: Re: Retention Guidelines Town and Country Planning Act 1947 recent Ombudsman ruling on destruction of statutory planning documents
I have not had time to look in detail, but would guess this comes from a statutory duty which is to "keep a planning register" not to "keep a planning register for x years" so anything which falls (or has fallen since the duty was created) within the duty (I think you need to look at the regs for that, not the Act) should be preserved permanently.
Phillip Bradshaw
Information Manager
Scrutiny Performance & Improvement
Room CY5C, County Hall
Phone: 029 2087 3346
Mobile : 07890 265987
Fax: 029 2087 3349
________________________________
From: The UK Records Management mailing list [mailto:[log in to unmask]] On Behalf Of Lawrence Serewicz
Sent: 27 April 2011 17:00
To: [log in to unmask]
Subject: Retention Guidelines Town and Country Planning Act 1947 recent Ombudsman ruling on destruction of statutory planning documents
Dear All,
I saw this news story and it mentions that planning applications need to be retained indefinitely based upon the Town and Country Planning Act 1947. I cannot find a reference to this requirement or a copy of this Act. Does anyone have a copy of this Act as well as any guidance on the retention period?
http://www.localgovernmentlawyer.co.uk/index.php?option=com_content&view=article&id=6431%3Algo-slams-council-for-qinexcusableq-destruction-of-statutory-planning-records&catid=63%3Aplanning-articles&q=&Itemid=31
LGO slams council for "inexcusable" destruction of statutory planning records
Tuesday, 26 April 2011
The Local Government Ombudsman has criticised a local authority for an “extraordinary and inexcusable” act of maladministration after it wrongly destroyed a range of statutory planning records.
Thanks
Lawrence
Principal Information Management Officer
Durham County Council
Room 4/140
County Hall
County Durham
DH1 5UF
0191-372-8371
VPN 7777 8371
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