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Rob said :
 
Is it not the case that the planning application and the planning register are two separate 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.
 
But the finding of the LGO was that the council had arranged "to destroy records that formed part of the council’s statutory planning register." I do not think (s)he was criticising the destruction of records which were not part of the register.
 
The register is specified in the General Development Order (now 1995 but I think it has basically been the same since 1947)
 
http://www.legislation.gov.uk/uksi/1995/419/article/25/made
 

Register of applications

25.—(1) In this article and in article 26, “the local planning register authority” means—

...

(2) Each local planning register authority shall keep, in two parts, a register of every application for planning permission relating to their area.

(3) Part I of the register shall contain a copy of each such application, and a copy of any application for approval of reserved matters made in respect of an outline planning permission granted on such an application, made or sent to the local planning register authority and not finally disposed of, together with any accompanying plans and drawings.

(4) Part II of the register shall contain, in respect of every application for planning permission relating to the local planning register authority’s area—

(a)a copy (which may be photographic) of the application and of plans and drawings submitted in relation thereto;

(b)particulars of any direction given under the Act or this Order in respect of the application;

(c)the decision, if any, of the local planning authority in respect of the application, including details of any conditions subject to which permission was granted, the date of such decision and the name of the local planning authority;

(d)the reference number, the date and effect of any decision of the Secretary of State in respect of the application, whether on appeal or on a reference under section 77 of the Act (reference of applications to Secretary of State);

(e)the date of any subsequent approval (whether approval of reserved matters or any other approval required) given in relation to the application.

...

6) The register kept by the local planning register authority shall also contain the following information in respect of every application for a certificate under section 191 or 192 of the Act (certificates of lawfulness of existing or proposed use or development) relating to the authority’s area—

(a)the name and address of the applicant;

(b)the date of the application;

(c)the address or location of the land to which the application relates;

(d)the description of the use, operations or other matter included in the application;

(e)the decision, if any, of the local planning authority in respect of the application and the date of such decision; and

(f)the reference number, date and effect of any decision of the Secretary of State on an appeal in respect of the application

LGO has clearly interpreted "keep" here as meaning permanent, which I think accords with both common practice and the language and intent of the regulation.
 
Current derivation is s69 of the 1990 Act. 
 
http://www.legislation.gov.uk/ukpga/1990/8/section/69
 
Again having read s69(1) I think it is difficult to fault the LGO - there is one permanent register . The previous provision was s34 of the 1971 Act
http://www.legislation.gov.uk/ukpga/1971/78/section/34/enacted and rags made under that Act
 
I guess if you trace it back you will find a continuous obligation in similar terms since the 1947 Act (i.e. since 1st July 1948).
 

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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