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Portrait of Mark McMurray

Mark McMurray

Partner

Contact
CMS Cameron McKenna Nabarro Olswang LLP
1 West Regent Street
Glasgow
G2 1AP
United Kingdom
Languages English

Mark McMurray is a Planning partner experienced in advising on major development and infrastructure projects. Mark advises developers, landowners, investors and public sector bodies on the delivery of the wide range of consents and permissions required for major projects.

Major projects can often involve inquiries and hearings and Mark has been involved in some of Scotland’s highest profile and most contentious inquiries, as instructing solicitor and conducting advocacy. He has also been involved in a number of complex judicial reviews and statutory appeals in the Court of Session. Mark is therefore experienced on the contentious and non-contentious elements of major projects.

He is also regularly called upon to provide specialist advice on roads law issues for roads and traffic authorities as well as developers and landowners.

Mark has particular expertise in the area of compulsory purchase and compensation having advised on the use of compulsory purchase powers to deliver land required for major regeneration, transport and energy projects. He has also advised a number of parties affected by the use of compulsory purchase powers.

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"A 'very knowledgeable lawyer with a level head and an excellent communication style'."

Chambers

“Mark McMurray has a deep knowledge and strong track record of handling sophisticated infrastructure and commercial development work”.

Chambers

"He provides first-class, well-researched advice and goes out of his way to ensure clients are kept well informed on matters”.

Chambers

Relevant experience

  • Nuveen Real Estate on compulsory purchase, planning and roads matters for the GBP 1bn Edinburgh St James redevelopment.
  • Calton Hill Hotel LP on the planning appeals for the proposed luxury hotel development at the former Royal High School in Edinburgh, one of Scotland’s most important listed buildings, including acting as instructing solicitor at the 51/2 week inquiry.
  • Renfrewshire Council on the Clyde Waterfront and Renfrew Riverside and Glasgow Airport Investment Area projects under the Glasgow City Region City Deal.
  • City of Edinburgh Council on the exercise of various powers under Private Acts for the Edinburgh Tram extension project.
  • Inch Cape Offshore Limited on consenting the Inch Cape Offshore Wind Farm and transmission works, including defending a Judicial Review challenge by RSPB.
  • Stirling Council on a number of inquiries and hearings, including the inquiry into the proposed tennis and golf centre with housing at Park of Keir.
  • Hargreaves on the new town development at Blindwells, East Lothian.
  • City of Edinburgh Council on various roads matters including the move to map-based traffic regulation orders and the proposed City Centre West to East Link cycling infrastructure project.
  • Trump International on their golf resort developments in Scotland.
  • National Grid on compulsory purchase orders required for the GBP 1bn Western Link electricity transmission infrastructure upgrade.
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Memberships & Roles

  • Member, Law Society of Scotland Planning Law Subcommittee
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Education

  • 2009 – Dip.LP, Glasgow Graduate School of Law, Glasgow
  • 2008 – LLB (Hons), University of Strathclyde, Glasgow 
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19 April 2021
Free­ports: New per­mit­ted de­vel­op­ment rights
The Gov­ern­ment has an­nounced an ex­ten­sion of the per­mit­ted de­vel­op­ment rights (“PD rights”) avail­able to sea ports in Eng­land, mean­ing in­creased flex­ib­il­ity and align­ment between the rights of air­ports...
17 March 2021
Plan­ning His­tory is not His­tory
Back­ground Ogilvie Homes Lim­ited (“Ogilvie”) re­cently suc­ceeded in a stat­utory ap­peal against the de­cision of a Re­port­er to re­fuse plan­ning per­mis­sion for a res­id­en­tial de­vel­op­ment in Cum­bernauld...
15 February 2021
Rad­ic­al re­com­mend­a­tions for the fu­ture of Scot­land's town centres
The vi­ab­il­ity of town centres across the coun­try has been un­der sig­ni­fic­ant pres­sure from vari­ous sources in re­cent years, not least the chal­lenges fa­cing the re­tail sec­tor. Those pres­sures will be heightened...
15 December 2020
CMS Scot­land Ho­tels News­let­ter - Decem­ber 2020
In the CMS Scot­land Ho­tels 2020 Decem­ber news­let­ter, we look at:How Scots sup­por­ted our ho­tels sec­tor in 2020How land­lords and ten­ants dealt with rents this year­In­ten­ded new Scot­tish Gov­ern­ment con­trols...
21 October 2020
Dur­a­tion of plan­ning per­mis­sions in prin­ciple – Help­ful sim­pli­fic­a­tion...
Over the last few years we have seen a num­ber of quer­ies arising out of un­cer­tainty and lack of clar­ity in re­la­tion to the times­cales for com­mence­ment of de­vel­op­ment un­der a plan­ning per­mis­sion in prin­ciple...
14 October 2020
Im­ple­ment­a­tion of the Plan­ning (Scot­land) Act 2019 – It’s a mara­thon, not...
With the latest pro­vi­sions of the Plan­ning (Scot­land) Act 2019 (the “2019 Act”) com­ing in­to force on Novem­ber 18 2020, we look at these sig­ni­fic­ant changes as well as provid­ing a round-up of some...
22 July 2020
Sig­ni­fic­ant changes pro­posed to Scot­tish Plan­ning Policy for hous­ing de­vel­op­ment
The Scot­tish Gov­ern­ment has launched a con­sulta­tion on pro­posed changes to as­pects of Scot­tish Plan­ning Policy which are par­tic­u­larly key for pro­posed res­id­en­tial de­vel­op­ments. While changes were an­ti­cip­ated...
14 July 2020
Re­ima­gin­ing Re­tail
The world of re­tail is rap­idly trans­form­ing. Life­style changes coupled with mar­ket dis­rup­tion from on­line shop­ping, in­creas­ing rates and the im­pact of the re­cent Cov­id-19 pan­dem­ic are cre­at­ing the per­fect...
30 June 2020
Ap­ply­ing the ‘Tilted Bal­ance’ in Plan­ning De­cisions
Since Scot­tish Plan­ning Policy (“SPP”) in­tro­duced a pre­sump­tion in fa­vour of de­vel­op­ment that con­trib­utes to sus­tain­able de­vel­op­ment in 2014, many hours have been spent ar­guing about how the pre­sump­tion...
11 June 2020
In­spect­ors can now ‘go be­hind’ list­ings in lis­ted build­ing ap­peals, the...
On 20 May 2020, the Su­preme Court ruled in Dill v SHCLG and an­oth­er [2020] UK­SC 20 that a plan­ning in­spect­or, in con­sid­er­ing an ap­peal un­der ss20 or 39 of the Plan­ning (Lis­ted Build­ings and Con­ser­va­tion...
29 May 2020
The mine­field of ex­tant per­mis­sions in plan­ning de­cision mak­ing
While it is es­tab­lished that ex­tant plan­ning per­mis­sions can be taken in­to ac­count when de­term­in­ing a plan­ning ap­plic­a­tion, par­tic­u­larly when those ex­tant plan­ning per­mis­sions will have a great­er ad­verse...
29 April 2020
And now for something com­plete-TREE dif-FIR-ent…
In light of the cur­rent re­stric­tions, any­thing which im­pacts on the en­joy­ment of our gar­dens is go­ing to take on great­er sig­ni­fic­ance. With that in mind, we note with in­terest a re­cent Out­er House de­cision...