Marcus McKay KC has a specialist interest in planning and environmental law. He is regularly involved in all aspects of the consents process for major energy projects from initial advice on the requirements of the Environmental Impact Assessment Regulations (including EIA Report work), to appearances at public inquiries and judicial review hearings in the Court of Session. Marcus has appeared at a wind farm inquiry in England and has experience of national infrastructure projects. He also acts for planning authorities and has successfully resisted applications for judicial review of planning decisions.
Marcus is listed in the Legal 500 where he is described as having “significant court experience, backed by sound commercial awareness.”
Marcus is a ranked Band 1 silk in Chambers and Partners UK Bar guide, where he is “Noted for his deep planning experience and widely praised for his meticulous attention to detail. His particular focus lies in energy and environment work, and he is especially experienced in renewable energy matters. He has experience advocating in inquiries and at all levels of the court system, including the Supreme Court.” The Guide goes on to say “He is a very gifted advocate and extremely diligent. He is always extremely well prepared and imaginative. He is highly intelligent and can not only grasp very complicated detail with ease but has the skill to be able to explain complex matters in straightforward terms.” “He is a very competent advocate, enthusiastic and diligent.” “He is definitely one of the best at the Bar.”
Public inquiry into Compulsory Purchase Order for Berwick Bank Offshore Windfarm, onshore infrastructure in East Lothian.
Senior Counsel for the Acquiring Authority.
Public Inquiry into section 37 application for Creag Dhubh to Dalmally high voltage overhead power line in North Argyll.
Senior Counsel for the Applicant.
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
Public Inquiry into Beauly-Denny OHL
For Scottish Hydro Electricity Transmission Limited
Public Inquiry into Strathy South Windfarm
For SSE Renewables
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.
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
Public inquiry into Compulsory Purchase Order for Berwick Bank Offshore Windfarm, onshore infrastructure in East Lothian.
Senior Counsel for the Acquiring Authority.
Public Inquiry into section 37 application for Creag Dhubh to Dalmally high voltage overhead power line in North Argyll.
Senior Counsel for the Applicant.
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.
Public inquiry into Compulsory Purchase Order for Berwick Bank Offshore Windfarm, onshore infrastructure in East Lothian.
Senior Counsel for the Acquiring Authority.
Public Inquiry into section 37 application for Creag Dhubh to Dalmally high voltage overhead power line in North Argyll.
Senior Counsel for the Applicant.
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.
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
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.
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
Contact our clerks
Normal business hours are 9am to 5pm, Monday to Friday.
ampersandclerks@advocates.org.uk
+44 (0)131 260 5674 (9am to 5pm)
Festive opening hours and arrangements for 2024/2025
Ampersand Advocates wish everyone a Merry Christmas and Happy New Year.
The stable will be closed on the following days over the festive period:
- Tuesday 24th December from 12.30pm to 9am on Monday, 30th December 2024;
- Tuesday, 31th December from 12.30pm to 9am on Friday, 3rd January 2025.
When the office is closed emails and telephones will not be monitored. During those times you can contact an advocate directly via the contact details on their own profile. Please look out for out of office auto replies if counsel are not available.
Our remote clerking cover over the festive period will be:
- 23rd and 24th December (until 12.30pm) – Alan Moffat, Jennifer Dunn and Sheena Hume;
- 30th and 31st December (until 12.30pm) – Alan Moffat and Shawn McArthur.
- 3rd January 2025 – Sheena Hume and Shawn McArthur.
Normal service resumes from Monday, 6th January 2025.
Alan Moffat
Advocates' Clerk
Sheena Hume
Deputy Advocates' Clerk
Shawn McArthur
Deputy Advocates' Clerk
Kathryn Ferguson
Deputy Advocates' Clerk
University of Dundee – Bachelor of Laws (Hons)
Trustee of Dundee University Students’ Association from 2020 to present (Chair of Board of Trustees from 2023 to present).
Appointed Queen’s Counsel – September 2016
Standing Junior to the Scottish Government – 2008 to 2011
Called – 2000
UK Supreme Court, Court of Session (Outer House and Inner House), High Court of Justiciary, Court of Criminal Appeal, Sheriff Court, Employment Tribunal, Employment Appeals Tribunal, Public Inquiries (formal and hearings procedure), Planning Appeals and Wayleave Hearings.
- Ampersand Advocates excels in Chambers and Partners UK Bar Guide 202517 October, 2024
- Ampersand Advocates Achieves Top Rankings Across Multiple Practice Areas in Legal 500 2025 Guide2 October, 2024
- Ampersand advocates successfully represents SSEN Transmission in Overhead Line Approval30 August, 2024
- Ampersand Advocates continues Top Rankings success in 2024 Chambers and Partners UK Bar Guide19 October, 2023
- Ampersand Advocates ranked as top tier set by Legal 500 in 2024 guide4 October, 2023