LOCAL interest groups remain a ‘risk’ to Argyll and Bute Council’s future plans for the Helensburgh waterfront site, a report has revealed.
But officials say that the Court of Session’s ruling in favour of the local authority, after a judicial review over the land was brought by Helensburgh Community Council (HCC), means that that risk is now deemed to be ‘manageable’.
The risk assessment is contained in a report setting out the process officers say should be followed in the event of the council deciding to dispose of Helensburgh Pier as one of the authority’s assets.
Local councillors recently heard of Helensburgh Pier Company’s hopes to bring the facility back into full use, having been closed to marine traffic since 2018.
A special meeting of the council’s policy and resources committee is now set to hear an update on plans for the town’s waterfront site.
The report says that the judicial review process pursued by HCC “has confirmed the importance of having robust processes and accordingly it is important that the advice of the council’s legal advisers is followed in respect of the common good background to the site”.
Under ‘Implications’, the report states: “The main areas of risk are around costs, title issues and local interest groups.
“The purchase price is subject to the deduction of abnormal costs and work will continue to minimise any deductions and the council’s legal advisers advice will also be followed.
“Local interest groups remain a risk but as the development matches the LDP, masterplan and waterfront business plan and has been tested at judicial review, this is considered to be manageable.”
The report recommends that a consultation process be carried out, under the Community Empowerment (Scotland ) Act 2015, ahead of any decision to dispose of the pier.
The new report will be considered at a special meeting of the council’s policy and resources committee on June 24, with the waterfront development the only item on the agenda.
In the report, executive director Douglas Hendry said: “As part of the due diligence process, a review of the title position of the site has been undertaken.
“The site forms part of the larger Helensburgh Pier, situated between the public road and the River Clyde which was acquired by the former burgh of Helensburgh in 1838 and at that time formed common good land.
“In 2019 the council obtained an opinion from counsel that when Strathclyde Regional Council acquired the pier as roads and harbour authority on the 1975 re-organisation, the effect was to remove the site from the common good in totality.
“A review of matters post the judicial review has determined that this is not now considered to be the case.
“While the Helensburgh Pier Head was acquired as common good, it is now considered that it has lost the character and nature of common good due to the various uses over time and unconnected to the original use as a harbour. It is considered that the site does not require the consent of the courts for disposal.
“Over time the Helensburgh Pier has been extended (by land reclamation) and used for various purposes other than a harbour for leisure, car parking and other uses.
“The site has been identified for potential development. The actual pier and harbour is not used as such and has been little used for at least a decade, although there is a proposal to bring the harbour back into use.
“In the event of any sale of the development site, the ‘existing’ pier and harbour can function if brought back into use, the development site not being required or essential for use in connection with a modern pier or harbour.”
Mr Hendry added: “Given the history of the proposals for use of this area of land and the nature of previous challenges to that, it is considered that, to minimise the risk of further challenge from third parties, it is prudent to carry out a consultation in terms of the Community Empowerment (Scotland) Act 2015.
“This is required where the local authority is considering disposing of any property which is held by the authority and has a background relating to common good. This consultation will be carried out in accordance with the Act and related guidance.
“A web page will be made available for any interested party to obtain the relevant information and to provide their view on the proposal to dispose of the commercial area.
“The consultation will run for approximately six weeks and the outcome reported back to members to inform any decision to be subsequently taken in regard to a disposal or otherwise of the site.”
