Mhairi Foye

Edinburgh Office
Mhairi specialises in planning law and real estate litigation.

In particular, she advises clients on contentious and non-contentious planning matters. She is experienced in acting for local authorities; government and public sector clients; and commercial and individual developers. 

Mhairi's experience further includes providing advice in relation to compulsory purchase orders and preparing cases for presentation at public local inquiry under Roads legislation. 

She also provides advice in relation to the interpretation of title conditions and seeking variation of title conditions at the Lands Tribunal for Scotland.

Mhairi is a key member of Morton Fraser's planning team.

Mhairi advises on planning law. This ranges from strategic advice throughout the planning application process, to assisting clients prepare for a planning inquiry. She has experience in planning appeals, both to a Local Review Body and to the Scottish Ministers; and public local inquiries, and judicial reviews. Her commercial practice includes advising clients on the planning aspects of buying and selling commercial properties, including planning due diligence.

Her practice has had a particular focus on the law associated with planning agreements (including S75 and S69 Agreements). She has negotiated and concluded numerous planning agreements, including those for large-scale developments. She provides advice on a wide range of issues, including the variation or discharge of S75 Agreements. Her experience allows her to provide clear and robust advice; and she works to conclude matters as quickly and efficiently as possible. She also provides advice to local authority clients on the use of planning agreements and conditions.

Mhairi is also experienced in real estate litigation matters, including providing advice in relation to compulsory purchase orders (including acting in public local inquiries).

She has experience conducting litigation in the Sheriff Courts, Court of Session and the Lands Tribunal.  

Business Expertise

Mhairi provides strategic planning advice to businesses and individuals looking to secure planning permission, and acts in appeals against refusal of a consent. She also provides advice in relation to planning conditions. She recognises the importance of providing cost-effective and timeous advice; and works with clients to meet their deadlines.

She also provides advice on a wide range of property litigation matters, including applications to the Lands Tribunal and interpretation of title conditions. 

Real Estate Expertise

Mhairi's experience in providing advice includes acting in the planning aspects of the purchase and sale of commercial properties. She ensures that the advice that she provides is presented in a clear, practical format in order to assist clients with achieving their desired outcomes as cost-effectively as possible.  

Her practice includes providing commercial advice in relation to the use of S75 and S69 Agreements, the variation or discharge of planning agreements and the variation of planning conditions. She also provides advice in relation to the law associated with Listed Buildings and Conservation Areas; and permitted development legislation. 

Public Sector Expertise

Mhairi's practice has a particular focus on the public sector and she has a wide range of experience acting for local authorities, government clients, and a variety of public sector bodies in high profile cases and large-scale developments. She has expertise in representing the public sector in a variety of matters, including planning agreements, strategic planning advice and public local inquiries relating to compulsory purchase orders. 


Individuals & Families Expertise

Mhairi assists clients with preparing planning objections to local developments, and advising on the likelihood of success of such objections. 

She also advises on a wide range of disputes, including boundary and neighbour disputes.