Decision details

Update to lawyers’ charge rates to reflect CPI.

To approve the fees and charges for specified services - as set out in Appendix 1 and Appendix 2 [Appendices follow the end of the report] – the transaction fees and costs for property and planning. These charges will be reviewed annually by the Head of Legal & Democratic Services & Monitoring Officer, who will continue to review in light of the UK Consumer Price Index (“CPI”) and amend on an increase only basis from 1^st June 2024 – to 31^st May 2028 [the intervening period].

Unlike statutory fees and charges Local Authorities are not constrained in how they calculate and apply fees and charges for discretionary services they provide. This means that they can include the full cost of all aspects of service provision and invest monies received in Council services by the levy of charges. The Service last reviewed it fees and charges in July 2023 by the Head of Legal & Democratic Services & Monitoring Officer Michael Hewitt. In light of the ongoing financial pressures facing the Council the Service intends to increase its schedule of fees and charges in accordance with CPI from 1^st June 2024 at an average of 4% and review these annually on an upwards only basis until and including 31^st May 2028 over a 4-year period.

The current forecasted average rate of CPI for the UK in 2024 is calculated at 4% meaning that the standard hourly rate charged to external parties is proposed to increase from £203 to £211 p/hr (all quoted figures in Appendix 1 are rounded up/down to the nearest pound). Appendix 2 shows the costs of property and planning transactions broken down.

The majority of Service income remains dependent upon property transactions and is generated through recovery of Service costs from tenants of the Council’s Commercial Estate and any developer funded work. There has also been an increase in recovery of legal costs from prosecution cases.

Not applicable.