How far back do council records exist for previous planning permissions?

[joe90]

I am looking to sell a house I bought about 8 years ago (as temp accommodation then a rental) the buyers solicitors are asking fir planning permission docs for a porch and side attached garage, this was not mentioned when we bought it so have no idea. I have looked at the planning portal and no records exist. Does the 7 or 10 year rule apply? Advise please.

[Kelvin]

Indefinitely I believe. Pre-digitalisation they’ll have physical copies archived. Some councils will allow you to request access which they can scan and make available to you. 

[Temp]

When we're they added or we're they original to the house?

 

If added later the porch and garage might not even have needed planning permission. Might be permitted development...

 

https://www.planningportal.co.uk/permission/common-projects/porches/planning-permission

https://www.planningportal.co.uk/permission/common-projects/outbuildings/planning-permission

 

If they did need planning permission and it wasn't obtained the time limit for enforcement action is normally 4 years (unless its a breach of a planning condition or a change of "use class", in which case its 10 years).

 

Back in 2006 my council allowed access to the paper planning files. Don't know if they still do. Last I heard you had to ring up and make an appointment the see files for an address or specific planning ref number. 

 

If you don't get anywhere I would see if your solicitor will let you reply with something like..

 

"The porch and garage we're constructed before we purchased the property 8 years ago. The planning status is unknown. It is possible they were constructed under Permitted Development Rights but the buyer should satisfy themselves that this is the case. If planning permission was required and not obtained it is possible that it is too late for enforcement action to be initiated, but again the buyer should satisfy themselves that this is the case."  

 

[Temp]

If the buyer doesn't like that reply you could consider applying for a Certificate of lawfulness on the grounds its too late to initiate enforcement action. Might take some time though.

[DevilDamo]

If the proposals required Planning, the LPA will have them. They’re just not online (yet).

[Pendicle]

As already said above may not have needed to apply for permission when built. Our library archivist are looking for the original plans for our 1960s house for us, the house is built on slope and want more information about the original foundation . We asked planning but no reply. 

[DevilDamo]

21 hours ago, Pendicle said:

As already said above may not have needed to apply for permission when built. Our library archivist are looking for the original plans for our 1960s house for us, the house is built on slope and want more information about the original foundation . We asked planning but no reply. 

You may be waiting a long time because…

 

- Foundation information relates to Building Regulations, not Planning.

- If you were to contact Building Control, they would state you need to dig trial holes as old records are far too old to be relied upon.

[ProDave]

Normally something like this is offer them an indemnity policy.