Appeals costs examples?

[Alan Ambrose]

Does anyone have any example costs for writing the statement of case, assembling the appendices, writing the final comments etc i.e. all the steps involved in lodging an appeal. Preferably with a page count of the docs I just mentioned.

 

The inspector has awarded me costs, but as I wrote the docs myself, I need to come up with a reasonable number.

 

If anyone doesn't want to give out numbers publicly, feel free to message me directly.

[garrymartin]

It's going to be subjective based on what you needed to do to put your appeal together.

 

What applications did you use to create the documents? You can often look at the properties to see how many hours were spent editing documents.

 

How much time went into researching any case law or previous examples that you used in your case? You might try looking at your browser history to figure out what days you visited various sites and could then estimate a time for each day based on your research.

 

Did you look at any other appeals? Did they have costs awarded? What were the costs?

 

You need to be able to demonstrate how you got to a number, not just what the number is. Don't be afraid of valuing your time. You could have been doing other things, earning other income, missing out on opportunities etc. It all adds up.

 

 

 

 

[garrymartin]

As an example, excluding any research time, my Statement of Case total editing time was 297 minutes. It contained 9 pages of text, with one half-page diagram.

[Alan Ambrose]

Anyone have an idea of a planning consultant’s hour or day rate once I’ve figured the no of hours?

[Dave Jones]

£5k and barter from there.

[garrymartin]

14 hours ago, Alan Ambrose said:

Anyone have an idea of a planning consultant’s hour or day rate once I’ve figured the no of hours?

Depends on how good they are, what their qualifications are, and where they typically work (and on what).

 

Usually something in the region of £150 an hour and up from there. You'll see some threads on here where people have paid £75 an hour (£4000 total) and some where people have paid double that but in different regions.

 

Don't make the mistake of thinking about salaried hourly rates - they are not fully loaded costs for businesses and typically you'd have to at least double them to get anywhere near and then have to assume that you won't be getting that hourly rate for 40 hours a week as you'll have other things you need to do. I'd say £150 an hour would be difficult to argue with.

[Alan Ambrose]

>>> Don't make the mistake of thinking about salaried hourly rates

 

I wasn't ... I spent most of my life working as a consultant, I just don't know the typical range for that particular business.

 

Word says 2,742 minutes editing the 16 page final comments doc, i.e. 45.7 hours - which sounds about right to me. The inspector thinks there are essentially two issues and one of them involved unreasonable behaviour by the LPA:

 

"Based on the information before me, I find that in the case of Appeal A, unreasonable behaviour resulting in unnecessary or wasted expense, as described by the PPG, has been demonstrated due to the introduction of an additional issue beyond the likely reasons for refusal, specifically concerning the scale and design of the proposal and its effect on the setting of the nearby listed building. Therefore, a partial award of costs is justified, limited to those costs incurred by the applicant in relation to this specific matter."

 

So, that suggests 45.7 hours * 50% * £150 ~= £3.5K?

 

p.s. I didn't include time for my original statement of case as the two new issues we're only introduced by the LPA in it's own statement of case (it totally ignored mine) and were therefore only addressed in my final comments doc.

Edited September 3 by Alan Ambrose

[garrymartin]

It says it should be "limited to those costs incurred..." in relation to the "additional issue..." so just be mindful that if your statement of case covered other areas as well, you might want to consider a percentage reduction accordingly.

 

If you were taking a case to court, you'd be looking at around £150 for a paralegal or trainee solicitor - the lowest grade working on a case. Government guidance here https://www.gov.uk/guidance/solicitors-guideline-hourly-rates

 

So I don't think there will be much argument with the hourly rate, it will just be how long would be reasonably spent on the "additional issue" that was highlighted in the partial award of costs.

[garrymartin]

"A costs award, where justified, is an order which can be enforced in the Courts.
It states the broad extent of the expense the party can recover from the party
against whom the award is made, and it sets out that settling the amount is for
subsequent agreement between the parties. In the event of a failure to agree,
the successful party can apply to the Senior Courts Costs Office for
independent assessment."

 

So I think you'll need to agree your costs with the LPA and then if they don't agree, you'll need to take them to court...

 

Is that what your Costs Decision letter says?

 

Thought I'd ask ChatGPT what it thought as we were discussing its abilities in another thread, but rather than your costs, I asked about the LPAs typical costs as surely if yours are in line they cannot disagree with them?

 

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Q: When local planning authorities are successful in an award of costs at planning appeals, what is the average hourly rate they claim?

 

A: When local planning authorities (LPAs) are successful in an award of costs at planning appeals in the UK, they often claim costs based on the time spent by their staff and any external consultants or legal representation. The hourly rates claimed can vary depending on several factors, including the seniority of the staff involved, the complexity of the case, and regional variations in costs.

However, there is no fixed or standard hourly rate across the country, as it can depend on local policies and the specifics of the case. For internal staff (such as planners or legal officers employed by the LPA), rates might be lower compared to those charged by external consultants or solicitors. As of recent years, the following general ranges might apply:

• Internal Local Authority Staff (e.g., Planning Officers, Legal Officers): Typically between £30 to £100 per hour, depending on the staff member's grade and the complexity of the work.
• External Consultants (e.g., Planning Consultants, Expert Witnesses): Rates can vary widely but often range from £100 to £200 per hour or more.
• Legal Representation (Solicitors, Barristers): Rates are generally higher, ranging from £150 to £300 per hour for solicitors, and significantly more for barristers, depending on their experience and seniority.

It is important to note that the award of costs is intended to cover the reasonable expenses incurred due to the unnecessary or unreasonable behavior of the other party. Therefore, the LPA would typically need to justify the rates they claim as reasonable and reflective of the market rate for the services provided.

For precise figures or specific cases, reviewing the costs schedules submitted in recent appeal cases or consulting with the relevant LPA would provide more detailed information.

 

-----

 

Can't disagree with any of that!

[Alan Ambrose]

Thanks, very helpful. I also see some fee info here, but I need to sign up for a trial...

 

Guide to Planning Consultants | PlanningResource

 

>>> So I think you'll need to agree your costs with the LPA and then if they don't agree, you'll need to take them to court... Is that what your Costs Decision letter says?

 

Yes, in effect, it refers me to this page: Appeals - GOV.UK (www.gov.uk)

 

All a bit obscure, but I think I need to send a typical legal-ish demand to the LPA, maybe including an N260 form. There's also reference to a regional costs judge for smallish stuff like this. At last this gets properly legal instead of the pseudo-legal nature of the appeals procedure. You also seem to be able to claim for time creating the costs demand etc., attending court etc, so the threat is of escalating costs if the LPA don't fold. There's probably a standard set of civil procedure rules for costs awards.

How is the amount settled where an award is made?

The Inspector or Secretary of State can only address the principle of whether costs should be awarded in full or in part, and not the amount – this is settled subsequently between the parties.

Where a costs order is made, the party awarded should first send details of their costs to the other party, with a view to reaching agreement on the amount. Where costs are awarded against a party and the parties cannot agree on a sum, the successful party can apply to the Senior Courts Costs Office.

Paragraph: 044 Reference ID: 16-044-20140306

Revision date: 06 03 2014

What if the party does not pay?

Once the Planning Inspectorate has made an award of costs, it has no further role and it is for the parties to negotiate the amount and to agree on the arrangements for payment. Failure to settle an award of costs is enforceable through the Courts as a civil debt. If a party has any doubt about how to proceed in a particular case, they should seek legal advice.

Paragraph: 045 Reference ID: 16-045-20140306

Revision date: 06 03 2014

[Alan Ambrose]

This is really for costs for grown-up appeals rather than self-build - but probably more than you ever wanted to know...

 

Also: https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part-47-procedure-for-detailed-assessment

 

 

 

 

 

[Alan Ambrose]

For anyone following along at home, I'm finding 2023 daily fee rates are:

 

Partners/Directors £1,240

Associates £920

Other Chartered Planners £680

 

Which if you assume an 8-hour day is £155 / £115 / £85 per hour.

 

This compares to the solicitors rates:

 

 

 

[Alan Ambrose]

For associates: daily rates vary between £450 and £1,700. With the 10 most extreme values thrown out, the spread comes down to £800 - £1,050. So, say £925?

[torre]

I'd quote an hourly rate (so from your figures ~125/h) as that's more likely to be how any legal adviser for the other side structures their charging and so more relatable (also probably lower than their own charges, so 'reasonable' looking). It's also probably reflective of how you put the time in.

 

If I was on the other side I might try and argue you down on the basis you're charging a consultant's rate, but a consultant would have done it in half the time, because they would already be familiar with details you spent time researching, but I think your starting point is a reasonable one.