ARGYLL AND BUTE COUNCIL WELCOMES JUDICIAL REVIEW FINDINGS FOR HELENSBURGH WATERFRONT

by Bill Heaney

A Court of Session judge in Edinburgh has thrown out a plea from Helensburgh Community Council which could have allowed them to decide the future of the highly controversial waterfront site at the town pier on West Clyde Street.

In his written decision Lord Ericht said Helensburgh Communtiy Council had advanced two arguments, the first of which was that Argyll and Bute Council had been mis-directed by its officials in terms of the decisions which were open to the council to have been made.

The judge, pictured left, said the report by officials contained a recommendation that there was no obligation on the council committee to accept that recommendation and he found in their favour.

He added: “Nowhere in the report do the officials direct that the only course open to councillors was to accept the recommendation and proceed with one of the supermarket proposals as a preferred bidder. As with any recommendation from officials, it was open to the committee to reject the recommendation.”

The second argument from the Community Council was that Argyll and Bute Council was generally resigned to there being only one option available to it so as to give at least the impression of pre-determination.

He said: “That argument is founded on two statements made by Councillor Campbell-Sturgess: at a meeting on 10 September 2024 and in an email dated 5 October 2024.

“His statement at the meeting does not come from a formal minute, but is a purported transcript lodged by the petitioner. There is no affidavit from the councillor confirming what he said at the meeting.

“In these circumstances I am not prepared to accept that the note of what he said is a sufficiently reliable factual account of what he actually said for much weight to be placed on it in considering this petition.”

Lord Ericht said the Argyll & Bute Council report asserts that ‘We welcome the findings of the judicial review and now look forward to moving ahead with the Helensburgh Waterfront Development and planning future investment in the area’.”

Having dismissed the petition, the Council will now be free to re-engage with the preferred developer.”

Members of the public will now once again have the opportunity to submit comments on any planning applications that are submitted.

The council’s Policy Lead for Finance and Commercial Services, Councillor Ross Moreland, right, said: “I am pleased but not surprised that council processes have been shown to be robust and sound.

“It saddens me that democratically made decisions by the Council and the potential for inward investment have been stalled in this fashion, but we are all keen to move forward.

“The site is zoned for commercial use in the Local Development Plan, we have completed an extensive and fair marketing exercise, and we have real investors now interested in completing the regeneration of the waterfront.

“While I understand some people have concerns about a retail development on this site, this commercial benefit underpins the financial case for delivering the new leisure centre, improved car parking, and strengthened sea defences.”

An artist’s impression of the waterfront site at the pierhead in Helensburgh. Rhu Bay

It is possible the site could now become the location for a supermarket despite regular protests against this by members of the communiy.

According to the local newspaper, the Helensburgh Advertiser, the town could be on the brink of seeing the focal point of its shopping provision shift from the Co-op supermarket at the junction of Sinclair Street and East King Street to the vacant site.

The Co-op has confirmed they are “supportive” of a bid by Forrest Development Ltd to put a retail development on the prime site, including a supermarket.

Details of the proposals have remained vague and all sides have been secretive about their plans during the extended time it has taken to come to a decision on what can happen now.

The committee approved a recommendation by their officers to give the green light to the Forrest bid.

Forrest Development, part of the Forrest Group, was awarded preferred bidder status, but statements from both the company and the council did not name which supermarket would open on the site.

The council said: “You will need to contact Forrest Developments as they are dealing with the negotiations.”

A Co-op spokesperson said: “The Co-op has been supportive of the proposal by Forrest Development Ltd and is pleased that it has been agreed by councillors at the policy and resources committee.

“It is too early to confirm further details.”

The Co-op’s existing home on the corner of Sinclair Street and East King Street is listed as Argyll and Bute Council land and property asset.

And a search on the Scotland’s Land Information Service website shows the Co-op and half of the car park area are currently leased.

The land was sold on March 18, 1996, for £1. And on March 25, 2000, it was sold for £11, 200,948.

It is unclear what information will be made available to the press and public before any planning application for the site is submitted to the council, or even when that application would go in.

No details have been released about the sale price, but widespread speculation in the town is that it will be around £10 million and that the present Co-op supermaket will be demolshed and replaced with badly needed housing.

It is anticipated that in light of recent events that a new supermarket plus addition retail outlets will be developed in West Clyde Street.