A High Court judge has expressed his astonishment that the owners of a medieval barn incurred more than £75,000 in costs in a successful legal challenge to planning permission for the redevelopment of an adjoining former social club.
Holgate J took the opportunity to express his frustration that litigants in the Planning Court have a tendency to present “too much information” on the planning merits of cases, with a knock-on effect on costs.
In this case, a “relatively straightforward judicial review” that involved only a on-day hearing, he said that solicitors claimed to have carried out more than 180 hours of work, with the total costs amounting to more than £75,000.
He said: “I am astonished by this costs bill. I am left in no doubt that the costs which have been incurred were excessive and disproportionate in relation to the issue at stake.”
He added: “This accords with the tendency in this and other judicial review cases to present too much information on the merits of the case and also intertwine legal arguments with an analysis of planning merits. This court is not concerned with revisiting the planning merits.”
The judge ordered defeated party South Kesteven District Council to pay only £30,000 including VAT.
It will have to reconsider the planning application to redevelop the former Newage and Cummins Social Club on Blackfriars Street, Stamford, after the judge found against it on what he described as a narrow point of statutory construction in relation to the Planning (Listed Buildings and Conservation Areas) Act 1990.
The Cecil Estate Family Trust, owners of adjoining properties, had complained that the redevelopment, which would include demolition and basement excavation, threatened their medieval barn and a stone wall which abut the existing premises.
Cecil Estate Family Trust v South Kesteven District Council Planning Court (Holgate J) 1 May 2015
Jonathan Clay (instructed by Bond Davidson) for the claimant
Richard Langham (instructed by Legal Services Manager, South Kesteven District Council) for the defendant
