 |
 |
Bear in mind that the Ombudsman may have got it wrong ! Phillip Bradshaw Information Manager Scrutiny Performance & Improvement Room CY5C, County Hall Phone: 029 2087 3346 Mobile : 07890 265987 Fax: 029 2087 3349 ________________________________ From: Rob Hutton [mailto:[log in to unmask]] Sent: 28 April 2011 10:21 To: Bradshaw, Phillip; [log in to unmask] Subject: RE: Retention Guidelines Town and Country Planning Act 1947 recent Ombudsman ruling on destruction of statutory planning documents Is it not the case that the planning application and the planning register are two seperate records? Although very much linked in this day and age there are documents submitted as part of a planning application that will never be made accessible to the public through the register. Regards Rob Rob Hutton Corporate Information & Records Adviser Office of the Chief Executive Central Bedfordshire Council Priory House, Monks Walk, Chicksands, Shefford, Bedfordshire, SG17 5TQ Direct Dial: 0300 300 5520 | Internal: 75520 | Email: [log in to unmask] ------------------------------------------------------------------------ ------------------------------------------------------------------------ ------------ Information security classification* of this email: Not Protected *Information security definitions: Restricted - Sensitive Data only to be sent via secure email Protected - Contains personal data covered by the Data Protection Act Not protected - General Data ________________________________ From: The UK Records Management mailing list [mailto:[log in to unmask]] On Behalf Of Bradshaw, Phillip Sent: 28 April 2011 10:16 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 ________________________________ 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 Senior Information Governance Adviser Corporate Governance Directorate Transport for London Windsor House, 42-50 Victoria Street, London SW1H 0TL T: 020 7126 4236 F: 020 7126 3185 E: [log in to unmask] Mobile: 07545200429 TfL has recently adopted an 'information security classification scheme' to help protect its information assets. If you work for TfL or one of its subsidiaries and want to find out how this affects you, see the new Quick Guide <http://source.tfl/pdfs/IA_QG1_Information_security_classification_2011- 02-15.pdf> or visit Source <http://source.tfl/OurCompany/Governance/11613.aspx> for more information. 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-st atutory-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 ________________________________ Help protect our environment by only printing this email if absolutely necessary. The information it contains and any files transmitted with it are confidential and are only intended for the person or organisation to whom it is addressed. It may be unlawful for you to use, share or copy the information, if you are not authorised to do so. If you receive this email by mistake, please inform the person who sent it at the above address and then delete the email from your system. Durham County Council takes reasonable precautions to ensure that its emails are virus free. However, we do not accept responsibility for any losses incurred as a result of viruses we might transmit and recommend that you should use your own virus checking procedures. For any technical queries re JISC please email [log in to unmask] For any content based queries, please email [log in to unmask] ********************************************************************** Privileged/Confidential Information may be contained in this message. If you are not the addressee indicated in this message (or responsible for delivery of the message to such person), you may not copy or deliver this message to anyone. In such case, you should destroy this message and kindly notify the sender by reply email. Please advise immediately if you or your employer does not consent to Internet email for messages of this kind. Opinions, conclusions and other information in this message that do not relate to the official business of the Council of the City and County of Cardiff shall be understood as neither given nor endorsed by it. All e-mail sent to or from this address will be processed by Cardiff County Councils Corporate E-mail system and may be subject to scrutiny by someone other than the addressee. ********************************************************************** Mae'n bosibl bod gwybodaeth gyfrinachol yn y neges hon. Os na chyfeirir y neges atoch chi'n benodol (neu os nad ydych chi'n gyfrifol am drosglwyddo'r neges i'r person a enwir), yna ni chewch gopio na throsglwyddo'r neges. Mewn achos o'r fath, dylech ddinistrio'r neges a hysbysu'r anfonwr drwy e-bost ar unwaith. Rhowch wybod i'r anfonydd ar unwaith os nad ydych chi neu eich cyflogydd yn caniatau e-bost y Rhyngrwyd am negeseuon fel hon. Rhaid deall nad yw'r safbwyntiau, y casgliadau a'r wybodaeth arall yn y neges hon nad ydynt yn cyfeirio at fusnes swyddogol Cyngor Dinas a Sir Caerdydd yn cynrychioli barn y Cyngor Sir nad yn cael sel ei fendith. Caiff unrhyw negeseuon a anfonir at, neu o'r cyfeiriad e-bost hwn eu prosesu gan system E-bost Gorfforaethol Cyngor Sir Caerdydd a gallant gael eu harchwilio gan rywun heblaw'r person a enwir. ********************************************************************** -- Scanned by iCritical. For any technical queries re JISC please email [log in to unmask] For any content based queries, please email [log in to unmask] ************************************************************************ *********** The contents of the e-mail and any transmitted files are confidential and intended solely for the use of the individual or entity to whom they are addressed. Transport for London hereby exclude any warranty and any liability as to the quality or accuracy of the contents of this email and any attached transmitted files. If you are not the intended recipient be advised that you have received this email in error and that any use, dissemination, forwarding, printing or copying of this email is strictly prohibited., If you have received this email in error please notify [log in to unmask], This email has been sent from Transport for London, or from one of the companies within its control within the meaning of Part V of the Local Government and Housing Act 1989. Further details about TfL and its subsidiary companies can be found at http://www.tfl.gov.uk/ourcompany, This footnote also confirms that this email message has been swept for the presence of computer viruses. ************************************************************************ *********** For any technical queries re JISC please email [log in to unmask] For any content based queries, please email [log in to unmask] -- Scanned by iCritical. ______________________________________________________________________ This email has been scanned by the MessageLabs Email Security System. For more information please visit http://www.messagelabs.com/email ______________________________________________________________________ For any technical queries re JISC please email [log in to unmask] For any content based queries, please email [log in to unmask] Central Bedfordshire Council Priory House, Monks Walk, Chicksands, Shefford, Bedfordshire SG17 5TQ [log in to unmask] www.centralbedfordshire.gov.uk ********************************* Improving the quality of life for all ********************************* This email is confidential and intended exclusively for the use of the intended recipient(s). Any views or opinions presented are solely those of the author and do not necessarily represent those of Central Bedfordshire Council. If you are not the intended recipient(s) please note that any form of distribution, copying or use of this e-mail or the information in it is strictly prohibited and may be unlawful. If you have received this communication in error, please notify the sender and then delete the message and any attachments from your system. This message has been checked before being sent for all known viruses by our antivirus software. However please note that no responsibility for viruses or malicious content is taken and it is your responsibility to scan this message and any attachments to your satisfaction. Central Bedfordshire Council reserve the right to monitor e-mails in accordance with the Telecommunications (Lawful Business Practice) (Interception of Communications) Regulations 2000. Please consider the environment before printing this e-mail. Thank you -- Scanned by iCritical. To view the list archives go to: https://www.jiscmail.ac.uk/cgi-bin/webadmin?A0=RECORDS-MANAGEMENT-UK To unsubscribe from this list, send an email to [log in to unmask] with the words UNSUBSCRIBE RECORDS-MANAGEMENT-UK For any technical queries re JISC please email [log in to unmask] For any content based queries, please email [log in to unmask]