COMMUNITY figures have called a public meeting after nearly 95 per cent of respondents to a council consultation said they were against a supermarket on Helensburgh’s Waterfront.
But councillors remain invited to “consider the disposal of the site” in a report to go before one of Argyll and Bute Council’s core committees next week.
Documents have shown that 94.8 per cent of over 3,400 responses to a consultation, conducted between June and August, indicated opposition to a supermarket being placed in front of the town’s leisure centre.
The council’s proposal also includes three smaller retail units, a skatepark and further car parking facilities. A decision was made in August 2024 that Forrest Developments Ltd were the preferred bidder for the site.
Questions have also been raised on whether the council is able to dispose of the site due to common good status.
Helensburgh Community Council has now called a public meeting at The Tower centre on Tuesday, October 13 at 7pm, inviting council officials, Forrest Developments Ltd and the Co-op to attend.
The council’s policy and resources committee will consider the report and findings at its meeting on Thursday, October 15.
Helensburgh Community Council convener Peter Brown said: “Helensburgh Community Council are holding an urgent public meeting on Tuesday at 7pm in The Tower to brief the community on the critical policy and resources committee meeting.
“All are welcome to this free event at which we once again ask the public to show their support for keeping this land in public ownership and not selling it for a supermarket.
“We have invited council officers, councillors, Forrest Developments Ltd and the Co-operative to attend.”
Council executive director Douglas Hendry said: “Comments have also been made in the consultation process relation to the position of the site in relation to the council’s common good register and the treatment of any income arising from a disposal of the site.
“The council does have a register of common good property. The area of the waterfront at Helensburgh subject of the consultation is not shown.
“Common good assets would be those that the council had succeeded to from the former Burgh of Helensburgh. The Burgh accounts produced prior to local government reorganisation in 1975 did not disclose any common good funds or assets.
“However, as explained above, the area is considered to be part of the common good and hence the current consultation process. This is a consultation in the context of the common good.
“Where land is held as part of the common good, the caselaw (Portobello Park Action Group Association v City of Edinburgh Council [2012] CSIH 69 quoting Waddell v Stewarty District Council, 1977 SLT (Notes) 35), confirms that the ‘beneficial right in such common good land rests with the inhabitants of the locality and that, correspondingly, the local authority holds the heritable title subject to important fiduciary obligations.’
“This means that the council has to take into account the interests of the inhabitants of the former Burgh of Helensburgh and it must reach an honestly held view which it considers is in the best interests of the community when deciding whether or not to dispose of property held as part of the common good.
“In the event that members do not wish to proceed with a sale of the site, then an alternative use would require to be identified. As the site has been identified as common good, then in terms of the 2015 Act, further consultation would be required before taking any decision to dispose of, or change the use of, the site.
“Members should be aware that if the sale does not proceed then the anticipated capital receipt will not be delivered.”
The report also asked the committee to “Consider the disposal of the site having regard to the responses to the statutory consultation and the recommendation of officers that the disposal of the site can proceed if members consider that it represents the option which reflects the best interests of the inhabitants of the former Burgh of Helensburgh, and, if so minded, provide delegated authority for the executive director with responsibility for commercial services (Mr Hendry) to conclude the sale of the commercial area at Helensburgh Waterfront to Forrest Developments Ltd, noting that, in that event, the sale will be conditional on the development receiving planning consent and the price of £1.3m is subject to the deduction of agreed abnormal costs”.
