Decision

Extend the completion date of the Agreement under Section 38 of the Highways Act 1980 for the residential development off Spa Hill, Kirton Lindsey, Phase 4 from 31 October 2025 to 31 October 2027 without amendment to the amount of supporting bond.

Reasons for the decision

The S38 agreement can only legally last for two years and requires an extension of time if works aren’t complete at the end of the two-year period. This development is not yet completed, and the agreement needs renewing.

Alternative options considered

The agreement would lapse, and the estate roads would need to be adopted via another mechanism (such as Section 37 of the1980 Highways Act.) This can involve lengthy disputes, and the council would need to be satisfied that the roads were constructed to an adoptable standard.