Decision details

(i)       to note the events leading up to the point at which it was identified that an apparent breach of contract and of a listed building condition had occurred and the subsequent response to remedy the matter;

(ii)      to note that all of the Union Terrace Garden materials which had been stored at an unapproved location had been returned and were now within safe and secure storage at an approved site;

(iii)      to note that a full audit of all granite downtakings, and other similar related items including railings, heraldry shields and lamps, had been carried out by the Principal Contractor and that they had confirmed all items, as per the site start inventory, were accounted for and were now within safe and secure storage at an approved location;

(iv)     to note that Police Scotland carried out their own extensive enquiries into the incident and found that no criminality had been established and their investigation was now closed, pending any new information;

(v)      to note that there was a breach of a listed building condition, that the Planning Authority is satisfied with the action taken by the Principal Contractor in response to that breach, and that the Planning Authority does not intend to take any further action at this time;

(vi)     to note that there was a breach of contract on the part of the Principal Contractor, that the Principal Contractor remedied the breach, and that no further action was proposed at this time;

(vii)     to note that the Chief Officer - Capital would update the outline/full business case template by October 2021 as outlined in section 8.4 of the report;

(viii)    to note that on completion of the project the Chief Officer – Capital would undertake the post project review and report this to the Capital Programme Committee, where at that stage, this Committee could request additional assurance if required;

(ix)     to note that the Chief Officer – Capital would work with the Principal Contractor to produce a reconciliation of the materials up to this point in the project and issue via Service Update to the Committee as soon as possible; and

(x)      to note the responses provided in relation to questions from members.