Helensburgh waterfront preferred developer appointment upheld by Court of Session

A proposal by Forrest Development Ltd to deliver the final stage of the multi-million pound development was agreed by councillors at the Policy and Resources Committee in August last year. 

The proposal allowed for single-story commercial units, one large enough for a supermarket, and additional smaller units; an area for a skate park, and space for additional car parking.

However, Helensburgh Community Council had instead wanted the land to be put to community use and lodged an appeal over the local authority’s decision. The residents argued that the council had not carried out a fair public consultation and failed to give adequate reasons for the appointment.

The court confirmed that the council can dispose of its land as it sees fit. And a consultation, or the results of one, don’t figure into its decisions.

Argyll and Bute Council said it welcomed the findings of the judicial review and now looks forward to moving ahead with the Helensburgh waterfront development and planning future investment in the area.

“We will now re-engage with the preferred developer,” it added. “Members of the public will have the opportunity to submit comments on any planning applications that are submitted.”

Councillor Ross Moreland, policy lead for finance and commercial services, said in a statement: “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.”

A full case report is available via SCN’s sister publication, Scottish Legal News.