Marcus McKay KC

Compulsory Purchase Order for Seagreen Wind Farm Onshore Infrastructure
Acted for applicant seeking CPO to allow onshore electric cable infrastructure affecting Carnoustie Golf Links

Public Inquiry into proposed Golf Course at Coul Links, Embo
Senior Counsel for Scottish Natural Heritage

Public Inquiry into proposed hotel at Royal High School, Edinburgh
Senior Counsel for Historic Environment Scotland

Scheme for Development for Viking Wind Farm
Application under the crofting legislation for consent to develop a wind farm on croft land

RSPB v Scottish Ministers [2016] CSOH 103
Challenge by RSPB to consent for four offshore wind farms due to impact on bird species and draft Special Protection Area. Important issues of European wildlife law

Sustainable Shetland v The Scottish Ministers (Scotland) [2015] UKSC 4
Junior Counsel to developer holding consent for the Viking wind farm on Shetland. Principal grounds of challenge related to the decision not to hold a public inquiry and whether, in deciding to grant consent, the Ministers had breached the provisions of the Wild Birds Directive. Also a separate competency point as to whether an applicant for consent under section 36 of the Electricity Act 1989 requires to hold a generation licence at the time of application. Inner House decided both points in favour of the Scottish Ministers and the developer. Outer House at [2013] CSOH 158, 2013 SLT 1173 and Inner House [2014] CSIH 60

Friends of Loch Etive v Argyll & Bute Council [2014] CSOH 116 ; [2015] CSOH 61
Acted for Local Authority that successfully resisted an application for a Protective Expenses Order under the new Rule of Court. Lord Ordinary refused the Petition for judicial review of the Council’s decision to grant planning permission for a fish farm.

Bova v The Highland Council [2013] CSIH 41; 2013 S.C. 510
Junior Counsel for the planning authority. Case concerned potential off-site flood risk and the precautionary approach. Inner House held that the planning authority had not acted unlawfully.

Newton Mearns Flood Prevention Group for Cheviot Drive v East Renfrewshire Council and Stewart Milne Homes Ltd [2013] CSIH 70
Acted for interested party house builder. Outer House refused an application by the petitioners for a Protective Expenses Order. Inner House upheld that decision.

WRG Barr v East Renfrewshire Council and Stewart Milne Homes Ltd (unreported, 4th June 2013)
Acted for interested party. Petitioner alleged that certain aspects of a design brief related to the protection of trees had been left out of account by the planning authority. Local Authority/Interested Party successful in the Outer House and on appeal to the Inner House.

Morston Whitecross Ltd v Falkirk Council 2012 S.L.T. 899
Junior counsel for the local roads authority. Point at issue was whether an embankment formed part of the public road. Local authority successful.

William Grant & Sons Distillers Ltd v Scottish Ministers [2012] CSOH 98
Junior counsel for a wind farm developer in case which considered whether the grant of consent under section 36 of the Electricity Act 1989 amounted to a determination under the Planning Act to which the statutory presumption in favour of the development plan would apply. Case also concerned various environmental issues. Court held that the Ministers had not acted unlawfully and consent should not be reduced.

G Hamilton (Tullochgribban Mains) Ltd. v Highland Council 2012 S.L.T. 1148
Junior counsel for planning authority. Concerned the listing of a mineral site and whether an old mineral planning permission had been cut down – Supreme Court decided in favour of the planning authority

Compulsory Purchase Order for Seagreen Wind Farm Onshore Infrastructure
Acted for applicant seeking CPO to allow onshore electric cable infrastructure affecting Carnoustie Golf Links

Scheme for Development for Viking Wind Farm
Application under the crofting legislation for consent to develop a wind farm on croft land

RSPB v Scottish Ministers [2016] CSOH 103
Challenge by RSPB to consent for four offshore wind farms due to impact on bird species and draft Special Protection Area. Important issues of European wildlife law

Sustainable Shetland v The Scottish Ministers (Scotland) [2015] UKSC 4
Junior Counsel to developer holding consent for the Viking wind farm on Shetland. Principal grounds of challenge related to the decision not to hold a public inquiry and whether, in deciding to grant consent, the Ministers had breached the provisions of the Wild Birds Directive. Also a separate competency point as to whether an applicant for consent under section 36 of the Electricity Act 1989 requires to hold a generation licence at the time of application. Inner House decided both points in favour of the Scottish Ministers and the developer. Outer House at [2013] CSOH 158, 2013 SLT 1173 and Inner House [2014] CSIH 60

William Grant & Sons Distillers Ltd v Scottish Ministers [2012] CSOH 98
Junior counsel for a wind farm developer in case which considered whether the grant of consent under section 36 of the Electricity Act 1989 amounted to a determination under the Planning Act to which the statutory presumption in favour of the development plan would apply. Case also concerned various environmental issues. Court held that the Ministers had not acted unlawfully and consent should not be reduced.

Compulsory Purchase Order for Seagreen Wind Farm Onshore Infrastructure
Acted for applicant seeking CPO to allow onshore electric cable infrastructure affecting Carnoustie Golf Links

Public Inquiry into Thurso – Gills Bay power line
Public inquiry into application under section 37 of the Electricity Act 1989 for power line between Thurso and Gills Bay. Senior Counsel for power company (with Brian Gill, Advocate). Consent granted July 2019.

Morston Whitecross Ltd v Falkirk Council 2012 S.L.T. 899
Junior counsel for the local roads authority. Point at issue was whether an embankment formed part of the public road. Local authority successful.

William Tracey Ltd v Scottish Power Transmission
Acted for Scottish Power Transmission in a necessary wayleave application relating to an electricity line which was opposed by the operator of a waste treatment plant. Necessary wayleave was granted with negotiated and agreed conditions.

Patton v East Renfrewshire Council [2017] CSOH 158
Senior Counsel for respondent  in challenge to legality of planning permission on basis that inadequate consideration given to complex flooding issues

Bova v The Highland Council [2013] CSIH 41; 2013 S.C. 510
Junior Counsel for the planning authority. Case concerned potential off-site flood risk and the precautionary approach. Inner House held that the planning authority had not acted unlawfully.

Newton Mearns Flood Prevention Group for Cheviot Drive v East Renfrewshire Council and Stewart Milne Homes Ltd [2013] CSIH 70
Acted for interested party house builder. Outer House refused an application by the petitioners for a Protective Expenses Order. Inner House upheld that decision.

Patton v East Renfrewshire Council [2017] CSOH 158
Senior Counsel for respondent  in challenge to legality of planning permission on basis that inadequate consideration given to complex flooding issues

RSPB v Scottish Ministers [2016] CSOH 103
Challenge by RSPB to consent for four offshore wind farms due to impact on bird species and draft Special Protection Area. Important issues of European wildlife law

Sustainable Shetland v The Scottish Ministers (Scotland) [2015] UKSC 4
Junior Counsel to developer holding consent for the Viking wind farm on Shetland. Principal grounds of challenge related to the decision not to hold a public inquiry and whether, in deciding to grant consent, the Ministers had breached the provisions of the Wild Birds Directive. Also a separate competency point as to whether an applicant for consent under section 36 of the Electricity Act 1989 requires to hold a generation licence at the time of application. Inner House decided both points in favour of the Scottish Ministers and the developer. Outer House at [2013] CSOH 158, 2013 SLT 1173 and Inner House [2014] CSIH 60

Friends of Loch Etive v Argyll & Bute Council [2014] CSOH 116; [2015] CSOH 61
Acted for Local Authority that successfully resisted an application for a Protective Expenses Order under the new Rule of Court. Lord Ordinary refused the Petition for judicial review of the Council’s decision to grant planning permission for a fish farm.

Newton Mearns Flood Prevention Group for Cheviot Drive v East Renfrewshire Council and Stewart Milne Homes Ltd [2013] CSIH 70
Acted for interested party house builder. Outer House refused an application by the petitioners for a Protective Expenses Order. Inner House upheld that decision.

WRG Barr v East Renfrewshire Council and Stewart Milne Homes Ltd (unreported, 4th June 2013)
Acted for interested party. Petitioner alleged that certain aspects of a design brief related to the protection of trees had been left out of account by the planning authority. Local Authority/Interested Party successful in the Outer House and on appeal to the Inner House.

Bova v The Highland Council [2013] CSIH 41; 2013 S.C. 510
Junior Counsel for the planning authority. Case concerned potential off-site flood risk and the precautionary approach. Inner House held that the planning authority had not acted unlawfully.

WRG Barr v East Renfrewshire Council and Stewart Milne Homes Ltd (unreported, 4th June 2013)
Acted for interested party. Petitioner alleged that certain aspects of a design brief related to the protection of trees had been left out of account by the planning authority. Local Authority/Interested Party successful in the Outer House and on appeal to the Inner House.

Morston Whitecross Ltd v Falkirk Council 2012 S.L.T. 899
Junior counsel for the local roads authority. Point at issue was whether an embankment formed part of the public road. Local authority successful.

G Hamilton (Tullochgribban Mains) Ltd. v Highland Council 2012 S.L.T. 1148
Junior counsel for planning authority. Concerned the listing of a mineral site and whether an old mineral planning permission had been cut down – Supreme Court decided in favour of the planning authority