A planning search result stating “Nil – save originals” can cause immediate concern for a conveyancing solicitor. At first glance, it may appear to suggest that no planning permission exists for the property in question.
In reality, that is not necessarily what the planning report is saying. The phrase needs to be better understood in the context of how planning records are maintained and those sources are interrogated.
Understanding that distinction is essential before drawing conclusions about a property’s planning history.
What Is an “Original” Planning Application?
An original planning application is typically the founding application that authorised a development in the first place. This could relate to a housing estate, apartment complex, commercial development, or even a single dwelling.
However, original applications are not always returned as part of a standard planning search. Whether they appear often depends on how records are indexed and how the search is conducted.
How Should “Nil – Save Originals” Be Interpreted?
In simple terms, the result means that no planning applications have been identified using the standard search parameters applied during the search process.
Importantly, it does not necessarily mean that no planning permission exists for the property.
The phrase “save originals” recognises that a wider planning history may exist, but that the original or founding application has not been returned as part of the standard search.
For this reason, a “Nil – save originals” result should be viewed as the starting point for further consideration rather than a conclusion in itself.
Why Might an Original Not Be Returned?
Original planning applications are not always returned through standard search processes, particularly where historic developments were recorded differently from the way the property is identified today.
For example, a property at 12 Eden Park may form part of a housing estate that was originally approved under an application describing the lands simply as “Ballymurphy”. Because the original application was not submitted against the property’s eventual postal address, it may not be identified through a standard address search.
Similarly, the mapping references associated with an original estate-wide permission may not align with the footprint of an individual property. As a result, the original planning permission can exist without being returned on the report.
Should Solicitors Be Concerned?
The answer depends on the property being investigated.
Consider a large residential estate that has been occupied for decades. Roads have been built, utilities installed, and properties bought and sold over many years. If a planning search for one house within that development returns “Nil – save originals”, it would be unreasonable to immediately conclude that the development was unauthorised.
Large-scale developments rarely emerge without significant interaction with planning authorities and utility providers.
A very different assessment may be required where the property is a standalone or isolated building. In those circumstances, the absence of a clear planning history should prompt closer examination and further enquiries.
The key point is that the significance of the result depends on context.
Requesting Original Planning Applications
Where a solicitor wishes to investigate further, original applications can often be requested directly from the relevant planning authority.
To improve the prospects of locating the correct record, it is helpful to provide:
- The original description of the lands or site.
- A clearly marked map showing the area of interest.
- Any known planning application numbers.
- The name of the builder or applicant.
The more information supplied, the more likely it is that the original application can be identified.
How Useful Is the Original Application?
Even where an original planning application is located, its value is not always straightforward.
A permission may have been granted for 90 houses on lands at Ballymurphy, but that does not necessarily mean it can be directly linked to a modern address such as 12 Eden Park, Ballymurphy. Original applications often refer to site numbers rather than today’s postal addresses, making direct matching difficult.
In practical terms, an original application may demonstrate that planning permission existed for the wider development. It may not, however, conclusively establish the planning history of an individual property.
Where a search identifies granted applications relating to the current property, the need to review original permissions is often limited. However, where a search returns “Nil – save originals”, the solicitor must consider whether locating the original application would materially assist their assessment of planning risk.
Key Takeaways
A planning search result of “Nil – save originals” should not be confused with a finding that no planning permission exists. Instead, it recognises that original planning applications are not always captured through standard search methodologies.
As with many aspects of conveyancing, the significance of the result depends on context. The nature of the property, its planning history and the wider development circumstances will often determine whether further investigation is necessary.
At Ellis & Ellis, we understand that a planning search is about more than simply retrieving records. Our role is to help conveyancing solicitors interpret complex planning information, identify genuine risks, and make informed decisions on behalf of their clients.
Because when it comes to planning searches, knowing what was found is only part of the story. Knowing what it means is where real value is created.
To learn more about our planning search services and how we support conveyancing solicitors throughout Ireland, visit www.ellis.ie.