Legal remedy to be sought against developer as committee agrees to continue with construction of Countesswells Primary School

24 June 2021

Aberdeen City Council has agreed today to continue to press ahead with building a new primary school at Countesswells while legal remedy could be sought over non-payment of developer obligations for the scheme.

Members agreed a motion at a meeting of the City Growth and Resources committee which instructs officers to seek a final resolution with Countesswells Development Limited in relation to the construction of the new school at Countesswells and the outstanding £3.2million of developer obligations due to the council. 

The motion noted that while other developers on the site are up to date with their payments, Countesswells Development Limited remain significantly behind and to date, attempts to seek a resolution have failed.

The committee agreed to instruct council officers that if options cannot be agreed with Countesswells Development Limited, a legal remedy would be sought to secure the community’s and the council’s interests. 

The members of the committee noted the City Council’s resolve to work with developers through these challenging times, but that ultimately the delivery of infrastructure such as schools, and the timing of their delivery, is dependent on developers upholding their part of legal agreements. 

Aberdeen City Council city growth and resources convener Councillor Ryan Houghton said: “It is good that members of the committee  agreed to continue with the construction of the school while looking at legal remedies over the non-payment of developer obligations.

“The school is very much wanted by the local community and we are committed to getting it built and we also do not want to lose out on the very important developer obligation funding.”

The new school would be within an identified site of the Countesswells development and would see pupils relocated from their current temporary accommodation to the school when completed.