HC Deb 20 July 2001 vol 372 cc532-3W
Mr. Kidney

To ask the Secretary of State for Transport, Local Government and the Regions what powers he has in respect of complaints from the public about access to public records held by local authorities relevant to conveyancing transactions being obstructed. [5541]

Ms Keeble

The Secretary of State has no power to intervene where a local authority fails to comply with a statutory obligation to provide reasonable access to public records.

Local authorities are required by Section 8 of the Local Land Charges Act 1975 to allow any person to search in the local land charges register on payment of the prescribed fee. Local authorities are also under a statutory duty to provide access to other public records containing information relevant to conveyancing. In the case of the planning register, for example, sections 69. 188 and 214 of the Town and Country Planning Act 1990 require local authorities to make the register available for inspection by the public-at all reasonable hours".

In cases where reasonable access to public registers is being denied, the matter may be referred to the Local Government Ombudsman or the courts. The Freedom of Information Act 2000 will improve the rights of individuals to access information and provide a right to complain to the Information Commissioner if he or she is prevented from accessing it. The provisions of this Act are likely to come into force sometime next year with regard to information held by local authorities.

Mr. Kidney

To ask the Secretary of State for Transport, Local Government and the Regions what representations he has received regarding local authorities obstructing personal searches of property and other public records relating to conveyancing transactions. [5539]

Ms Keeble

A number of representations have been received from companies within the Property Search Group who carry out personal searches as part of the conveyancing process.

Mr. Kidney

To ask the Secretary of State for Transport, Local Government and the Regions what guidance he gives to local authorities regarding access to registers by the public under the Town and Country Planning Act 1999. [5540]

Ms Keeble

The public are entitled to see any document held on a local authority's planning registers. Articles 25 and 26 of the Town and Country Planning (General Development Procedure) Order 1995 (the GDPO) set out the infonnation which must be held on the register. Articles 25(10 and 26(7) of the GDPO provide thatthe register shall either be kept at the principal office of the local planning register authority or that part of the register which relates to land in part of that authority's area shall be kept at a place within or convenient to that part". The "Planning Charter Standards" booklet, issued by the then Department of the Environment and the National Planning Forum, advises that local authorities must make their register available to the public at all reasonable hours. Authorities should put copies of valid planning applications in the register within three working days of receiving them. They also should put copies of their decisions in the register within three working days of dispatch.