Councillors are being asked to reapprove work to create the new £333million Aberdeen Exhibition and Conference Centre due to a complex legal battle between the local authority and the Queen’s cousin.
The city’s planning development management committee will meet next Thursday to debate planning permission in principle for the massive scheme – in a bid to prevent a potential loss of nearly £1million in developer contributions.
Henry Boot Developments Ltd commenced work last summer to create the new AECC on the former site of the Rowett Research Institute at Bucksburn.
Alongside the 12,500 capacity events venue, two hotels and a green energy plant are also included with completion expected in 2019.
Aberdeen and Aberdeenshire councils were dealt a blow last year when the Duke of Fife – whose company is behind the Chapelton of Elsick scheme near Newtonhill – successfully challenged an £8million developer contribution demand.
His firm had been asked to hand over the money to the strategic transport fund as part of its planning consent – but Court of Session judges reduced the bill to just £287,000.
The Strategic Development Planning Authority (SDPA) – which comprises representatives from both authorities – has agreed to appeal against the decision to the Supreme Court.
A report to councillors stated: “At the time of writing, demolition works at the site are substantively complete and extensive earthworks are underway.
“In the absence of the STF Supplementary Guidance, it was agreed by the SDPA and both Aberdeen City and Aberdeenshire Councils that developers may agree with the council an alternative “strategic transport infrastructure contribution”, for transport interventions.
“[This is] directly related to the transport impact of the development, the mechanism of which shall be on a case-by-case basis.
Prior to the Duke’s legal victory, Aberdeen City Council had estimated it would gain a contribution of more than £1.3million from the AECC development. However, this could be reduced to £353,500.
Committee chair Ramsay Milne said it was “disappointing” the project had to be resubmitted due to the legal case.
Responding to the impending legal action, the Duke of Fife said: “We have been notified of the decision of The Supreme Court to consider the appeal and are surprised.
“The Inner House of the Court of Session was clear in its judgement on the case and in refusing leave to appeal. We remain very confident in the strength of our case, but are disappointed we have to go through the argument all over again.”