Harrogate Borough Council has refused to reveal its legal costs for the recent three-day judicial review in London’s High Court.
The Stray Ferret sent the council a request under the Freedom of Information Act asking how much it had spent on legal fees for the case against property developer Flaxby Park.
But the council said the information was exempt from disclosure because its lawyers’ legal fees should remain private.
The council reply said:
“The counsel fees relate to the individual’s private life because counsel is a self-employed individual.
“Counsel would have the reasonable expectation that their personal data, their final salary for work done, is not disclosed into the public domain.
“There is a general expectation of privacy when submitting invoices for payment concerned with payment of salaries.”
Paul Brown QC, joint head of chambers at law firm Landmark Chambers, represented the council at October’s hearing.
Mr Brown is a local government specialist who has represented several councils at the High Court and Court of Appeal.
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During October’s judicial review, the judge, Mr Justice Holgate, rejected a request by the council to be spared costs. He also ruled the council should pay 15 per cent of Flaxby’s costs.
A spokesperson for Flaxby previously told the Stray Ferret 15% would amount to a “significant five-figure sum”.
But the council said Flaxby had not yet submitted a claim for costs.
Flaxby claimed the council’s decision to choose Green Hammerton and Cattal rather than Flaxby as the site of a new 3,000-home settlement was based on a flawed process.
Mr Holgate ruled in the council’s favour by saying the decision did not have to be made again.
But the judge ordered the council to vote again on its Local Plan to correct a legal flaw.
The Stray Ferret has requested an internal review of the council’s decision. This should be completed in 40 working days.
