CE/009/26-27 S278 & S38 agreements with WSCC in relation to the delivery of Shoreham Flood Defences at Sussex Yacht Club

June 10, 2026 Chief Executive (Officer) Key decision Approved View on council website
Full council record

Decision

To agree to enter into a legally binding contract under the Highways Act, which identifies responsibilities and maintenance of each party under the Section 278 and Section 38 agreements with West Sussex County Council (WSCC). It’s a necessary procedural requirement for the Shoreham Flood Defences Project as the pathway that is being constructed on the northern side of the flood defence will be adopted by West Sussex County Council.

Reasons for the decision

The Section 278 and Section 38 agreements are essential to formalise the arrangement, which enables the Highways Authority to adopt the new footway once Adur District Council (ADC) has completed the flood defence infrastructure. Entering into this agreement is a critical governance step to ensure the successful transfer of this public asset to ensure long-term management and maintenance.

Alternative options considered

There are no alternative options to consider in this case.

Details

OutcomeRecommendations Approved
Decision date10 Jun 2026
Effective from18 Jun 2026
Lead officerPhil Graham
Subject to call-inYes