RAMOYLE DEVELOPMENTS LTD AGAINST SCOTTISH BORDERS COUNCIL [2020] ScotCS CSIH_9 (12 February 2020)

RAMOYLE DEVELOPMENTS LTD AGAINST SCOTTISH BORDERS COUNCIL [2020] ScotCS CSIH_9 (12 February 2020)

The requirement to 'lodge' or 'submit' a planning application under the contract was satisfied by successful submission via the online portal before the deadline, even though the fee had not yet been paid. The contract did not require validation or full compliance with planning regulations by the deadline. The...

Source-derived case information.

Citation
[2020] ScotCS CSIH_9
Parties
Pursuer and Respondent: Ramoyle Developments Limited; Defender and Reclaimer: Scottish Borders Council
Jurisdiction
Scotland
Judgment Date
12 February 2020
Procedural Posture
Commercial Action for Declarator and Reparation / Appeal (reclaiming Motion) From Commercial Judge's Decree
Outcome
reclaiming motion refused; declarator in favour of Ramoyle upheld
Legal Topics
Rescission of Missives, Interpretation of Contractual Conditions, Planning Application Procedures
Contract Law Property Law Planning Law Rescission of Missives Interpretation of Contractual Conditions Planning Application Procedures

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Parties

Ramoyle Developments Limited

Pursuer and Respondent

Scottish Borders Council

Defender and Reclaimer

Procedural Posture

Commercial Action for Declarator and Reparation / Appeal (reclaiming Motion) From Commercial Judge's Decree

Legal Issues

  1. 1 Whether submission of a planning application via online portal without payment of fee satisfies contractual requirement to 'lodge' or 'submit' application by deadline
  2. 2 Whether Council was entitled to rescind missives for alleged failure to submit application

Ratio Decidendi

The requirement to 'lodge' or 'submit' a planning application under the contract was satisfied by successful submission via the online portal before the deadline, even though the fee had not yet been paid. The contract did not require validation or full compliance with planning regulations by the deadline. The Council was not entitled to rescind the missives.

Court Disposition

reclaiming motion refused; declarator in favour of Ramoyle upheld

Orders

  • Case remitted to commercial court for further procedure on damages claim