COUNCILS which allow people to submit planning and other applications online will need to to tighten up their regulations following a £1 million court case that has been lost by Scottish Borders Council.
The case of Ramoyle Developments against the Council turned on the meaning of the word “submit”.
Ramoyle had used the council’s online portal system to submit a planning application for a mixed development at a site in Galashiels.
READ MORE: Doubts expressed after council poll favours Edinburgh tourist tax
The sale of the site by the council for £1m was conditional on that application being submitted by November 22, 2017.
The online application was submitted two days before the deadline, but the council said the cheque for the £2800 fee for the application was not received until December 1.
The council decided that as the fee had not been paid in time, the conditions for the sale had not been met and they were entitled to rescind the sale. Earlier this week, judge Lord Ericht ruled in the Court of Session that Ramoyle had submitted the application timeously.
Lawyers for the council had argued that the fee was “a necessary part of such an application” but in his written judgement Lord Ericht stated: “In my opinion, the successful submission of an application under the system used by the planning authority for online submission satisfies the requirement to submit an application.
“This is in accordance with the natural and ordinary meaning of the word submit.
READ MORE: Attracting tourists is about far more than targeting big wallets
Lord Ericht added: “In addition, in my opinion, it makes commercial common sense in this digital age for the pursuer to use the planning authority’s online submission system and comply with the provisions of that system.
“That system provided that an application is successfully submitted prior to payment of the fee by cheque.
“Accordingly, I find that the successful submission of the planning application through the online planning portal on November 20, 2017 constituted submission, notwithstanding that the fee had not been received at that time. The consequence of this is that the defenders were not entitled to rescind.”
A council spokesperson said: “We are considering the verdict and our options.”
A planning expert who asked not to be named as he has business with the council told The National that the online portal systems used by many councils needed to be more definite about payments and fees.
He said: “Many councils, including Scottish Borders, allow payment by credit or debit card, by cheque or over the phone.
“The judge has effectively concluded that an application on the portal is a separate matter from the payment of the application fee.
“Councils need to tighten up their systems to take account of this decision, not least because there are thousands of pounds going to local authorities in application fees every week.
“Surely in this day and age a system could be devised so that applications and fees are done at the same time for the avoidance of doubt.”
Why are you making commenting on The National only available to subscribers?
We know there are thousands of National readers who want to debate, argue and go back and forth in the comments section of our stories. We’ve got the most informed readers in Scotland, asking each other the big questions about the future of our country.
Unfortunately, though, these important debates are being spoiled by a vocal minority of trolls who aren’t really interested in the issues, try to derail the conversations, register under fake names, and post vile abuse.
So that’s why we’ve decided to make the ability to comment only available to our paying subscribers. That way, all the trolls who post abuse on our website will have to pay if they want to join the debate – and risk a permanent ban from the account that they subscribe with.
The conversation will go back to what it should be about – people who care passionately about the issues, but disagree constructively on what we should do about them. Let’s get that debate started!
Callum Baird, Editor of The National
Comments: Our rules
We want our comments to be a lively and valuable part of our community - a place where readers can debate and engage with the most important local issues. The ability to comment on our stories is a privilege, not a right, however, and that privilege may be withdrawn if it is abused or misused.
Please report any comments that break our rules.
Read the rules hereLast Updated:
Report this comment Cancel