James Findlay of Terra Firma Chambers appeared for an interested party in an application to the Court of Session for a Protected Expenses Order in the judicial review of a decision of Argyll and Bute Council granting planning permission for a rainbow trout farm in Loch Etive. Lord Malcolm rejected the application by a charitable company, Friends of Loch Etive on the basis that a single landowner was behind the charitable company and he had assumed the role of or something akin to “dominus litus” ([2014] CSOH 116).

The case demonstrates the need to provide adequate information in support of an application for a PEO – it cannot be assumed that the protection of such an order is obvious or that applications by charities will necessarily be successful, as the John Muir Trust found out in 2013 in a challenge to the Highland Council.

James Findlay represented Dawnfresh Limited, the recipient of the planning permission.