Decision

Extend the completion date of the Agreement under Section 278/38 of the Highways Act 1980 for the residential development on Brigg Road, Messingham from 31 October 2026 to 31 October 2028 without amendment to the amount of supporting bond.

Reasons for the decision

The S278/38 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.