Helensburgh Community Council apply for judicial review

Helensburgh Community Council (HCC) submitted an application for a judicial review with the Court of Session about the selection process by Argyll and Bute Council.

In August the council named Forrest Developments as their preferred bidder with plans for a supermarket, understood to be the Co-op moving from their Sinclair Street site.

The decision behind closed doors followed months of secrecy, including who the rest of the bidders were.

HCC were the only public bid but failed to make the final two.

The application for a judicial review is about the selection process and the consultation involving just 83 people out of a population of 15,000.

Meanwhile, a petition against the plans has collected the signatures of a third of the population.

Thousands of pounds have already been raised to launch the court process against the council.

READ MORE: Helensburgh waterfront supermarket fight on multiple fronts

Dr Peter Brown, HCC convenor, said: "It has been a difficult decision by Helensburgh Community Council to raise a judicial review against Argyll and Bute Council, and not one we have taken lightly.

"However, our mandate is to listen to the community of Helensburgh and advocate for its wishes. The community is clearly opposed to a supermarket development, yet, despite our best efforts over many months, Argyll and Bute Council has refused to listen.

"We are immensely grateful for the help that we have received from the community to support this judicial review, and particularly those who have already donated to the community council's crowdfunder.

"This is just the beginning of the judicial review process. Please consider donating to help meet the costs of continuing this challenge in the Court of Session. You can donate at www.gofundme.com/stop-the-supermarket."

Argyll and Bute Council have been approached for comment.

Councillor Mark Irvine, chair of the Helensburgh and Lomond Area Committee, said in response: "The Helensburgh waterfront has become a focus for the local community not least because they have raised serious concerns about the process and the consultation.

"I am aware that a legal challenge is being made by way of a judicial review request by Helensburgh Community Council.

"From a purely personal point of view I welcome this request for a review.

"It is right that any council should be held accountable for it’s actions and scrutinised whenever there are serious concerns. I look forward to the outcome of any review process.

"Regardless of the outcome of any judicial review I continue to listen to the local concerns and continue to engage with the community in my role as chair of the Helensburgh and Lomond Area Committee and I will maintain a positive and ‘listening’ stance to ensure that local democracy remains at the forefront of my thinking.

"I can’t speak for my colleagues within H&L, nor would I assume to do so, this for me is a matter for my own personal conscience.

"Ultimately it is about finding the best outcomes and solutions when situations like this arise.

"There are severe fiscal pressures for the council heading into 2025/26 and we must always bear that in mind. But decisions about the use of our most valuable spaces cannot always be monetary and the community has spoken - loudly. I’m certainly listening."

Councillor Fiona Howard said: "As a councillor elected by the people of Helensburgh Central I am here to represent their views, and I am doing my best to find a route to a more acceptable way to bring benefit to the town through the waterfront site.

"I want to be clear that I am listening, and I hear what the people of Helensburgh ard Lomond are saying.

"When 5,000 people speak, the power of democracy is undeniable. This is not over yet, and I welcome the decision by the community council to seek a judicial review.

"It is right and proper that they exercise their right to have their concerns aired and tested in a legal arena but I am saddened that it has had to come to this."