Cherry Paddocks, Cherry Willingham, Lincolnshire

I am requesting information relating to the Section 38 agreement and associated highway records for the development known as Cherry Paddocks, Cherry Willingham, Lincolnshire.

Your published information concerning unadopted highways and Section 38 agreements identifies:

Cherry Willingham - West Lindsey District Council as being subject to a Section 38 agreement.

I would therefore be grateful if you could provide copies of the following information held by Lincolnshire County Council:

1. The complete Section 38 agreement relating to Cherry Paddocks, including the original agreement and all schedules, appendices, plans and drawings.

2. The Section 38 agreement reference/number, together with the date on which it was entered into.

3. The full legal name of the developer/company that entered into the Section 38 agreement.

4. Details of any subsequent transfer, assignment, novation or variation of the developer's obligations under the agreement, including the identity of any company or person who subsequently assumed those obligations.

5. Details of any bond, guarantee or other financial security provided under the Section 38 agreement, including:

o the original amount;

o the current amount, if different;

o the name of the bond/guarantee provider;

o the date it was provided; and

o whether it remains valid and available to the Council.

6. The approved highway drawings, specifications and schedules of works forming part of the Section 38 agreement.

7. A description of all roads, footways, footpaths, drainage or other highway infrastructure covered by the agreement.

8. Details of any works currently outstanding under the Section 38 agreement.

9. Any inspection reports, snagging lists, engineers' reports or correspondence identifying works that remain outstanding or defective and which are preventing adoption.

10. Any correspondence between Lincolnshire County Council and the developer, landowner, contractor, management company or their representatives concerning:

* completion of the highway works;

* outstanding works;

* the Section 38 agreement;

* adoption of the highway; or

* enforcement of the developer's obligations.

11. Copies of any default notices, breach notices, completion notices or other formal notices issued under or in connection with the Section 38 agreement.

12. Details of any application, request or consideration for adoption of the relevant highway, including the current status and reasons why adoption has not taken place.

13. Confirmation of whether Lincolnshire County Council has ever exercised, or considered exercising, its rights against the bond/security because of incomplete or defective works.

14. Copies of any Section 38 completion certificate, provisional certificate, final certificate or equivalent document, if any has been issued.

15. If the Section 38 agreement covers only part of Cherry Paddocks, please identify which roads and footpaths within Cherry Paddocks are covered and which are not.

16. If the Council holds separate Section 38 agreements relating to the two planning phases known as CL4751 / planning application 132090 and CL4752 / planning application 132089, please provide the agreement and associated information for each phase.

If the Council does not hold the actual Section 38 agreement, please confirm:

* whether it was ever held by Lincolnshire County Council;

* whether it has been transferred, archived or destroyed;

* the date and reason for any destruction or disposal; and

* which organisation currently holds it, if known.

I would also be grateful if you could provide the Section 38 agreement reference number even if the agreement itself cannot be disclosed.

For clarity, this request relates specifically to the Cherry Paddocks development in Cherry Willingham, rather than Wesley Road generally.

1. The Developer never entered into an agreement with LCC regarding a S38 agreement

2-8. N/A

9. Considered a private development due to no S38 being entered into by the developer

10. No known correspondence has been found before Appendix 1.

11. See Appendix 1

12. No application has been received by the developer or any other party to adopt the highway. With no dialogue coming from the Developer it remains a private development.

13. A signed S38 agreement has to be in place, after financial checks have been completed, in order for a bond to be called in.

14-15. N/A

16. . The Developer has not entered a S38 agreement with LCC The agreement did not reach drafting stage within LCC’s processes.

Should you require the attachment mentioned above please contact customerinformationservice@lincolnshire.gov.uk with the below reference number and this can be provided.