Purpose

The background
In 2024 the Cabinet member for Resources, Councillor Elliot made a Single Member Decision E3550 approving B&NES legal fees and charges and delegated authority to the Monitoring Officer as follows:

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 1st June 2024 – to 31st May 2028 [the intervening period].

In light of the ongoing financial pressures facing the Council, the Service has reviewed its fees and charges and proposes an upward only increase inline with CPI at the rate of 2.8%. Figures quoted at Appendix 1 shows the standard hourly rate to be charged to external parties and the internal charge out rate where matters are internally rechargeable. Appendix 2 shows the costs of property transactions and the hourly rate for 106 planning obligations (all quoted figures on Appendix 1 and 2 are rounded up/down to the nearest pound).

Decision

To revise and approve the schedule of Legal Fees and Charges upward only in accordance with CPI from 01/08/26.

Alternative options considered

Option 1 - Increase fees in line with CPI
Option 2 - Maintain current rates. Rejected as the service is dependent upon income to recover costs of delivering the service where possible. Failure to do so would reduce income below cost of provision.