Cherry Paddocks Section 38

I am requesting information concerning the estate roads at Cherry Paddocks, associated with planning applications 128773 and 132904.

Please treat this request as a request under the Environmental Information Regulations 2004 (EIR) where applicable, and otherwise under the Freedom of Information Act 2000.

I am particularly seeking the records relating to the proposed construction and adoption of the estate roads.



1. Section 38 agreement.

Please confirm whether Lincolnshire County Council entered into, or holds a copy of, any Section 38 agreement under the Highways Act 1980 concerning the roads at Cherry Paddocks.

If so, please provide:

a. the complete signed Section 38 agreement;

b. all schedules and appendices;

c. all plans and highway drawings incorporated into the agreement;

d. any subsequent deed of variation, supplemental agreement or amendment;

e. the date the agreement was entered into;

f. the parties to the agreement;

g. the developer's name at the time of the agreement; and

h. the Council's reference number for the agreement.

If no Section 38 agreement exists, please confirm this expressly.



2. Highway bond / financial security.

Please confirm whether the Section 38 agreement was supported by a highway bond, surety, guarantee, cash deposit or other financial security.

If so, please provide:

a. the name of the bond/surety provider;

b. the original amount secured;

c. the date the security was provided;

d. the expiry date;

e. the bond/security reference number;

f. any subsequent extension, replacement or variation;

g. any reduction in the secured amount;

h. the date on which the security was released or discharged, if applicable;

i. the document or decision authorising its release/discharge; and

j. any correspondence concerning the release, expiry, calling upon or enforcement of the security.

If the Council considers any part of the bond documentation commercially sensitive, please provide the remainder of the document with only the genuinely exempt information redacted and identify the relevant statutory exception/exemption.



3. Highway construction requirements.

Please provide the documents specifying the works required before the estate roads could be considered complete and/or adopted, including:

a. approved highway construction drawings;

b. specification documents;

c. technical approval;

d. phasing requirements;

e. inspection requirements;

f. completion requirements; and

g. any schedule identifying outstanding works or defects.



4. Site inspections.

Please provide records of inspections of the Cherry Paddocks estate roads undertaken by or on behalf of Lincolnshire County Council.

This should include, where held:

a. inspection dates;

b. inspection reports;

c. site notes;

d. photographs;

e. defect/snagging schedules;

f. remedial-work requirements;

g. correspondence following inspections; and

h. records showing whether required remedial works were completed.

I am particularly interested in records showing why the roads were not accepted for adoption, if they were not considered suitable for adoption.



5. Adoption history

Please provide all records concerning the proposed or actual adoption of the Cherry Paddocks roads, including:

a. any application/request for adoption;

b. any notice that the roads were ready for adoption;

c. any highway adoption inspection;

d. any provisional/final certificate;

e. any agreement concerning the maintenance period;

f. any refusal or postponement of adoption;

g. any correspondence explaining why adoption did not proceed; and

h. any record showing the present highway status of each road.

Please also confirm the Council's current recorded status of the roads at Cherry Paddocks, including whether any part has been formally adopted as highway maintainable at public expense.



6. Completion of the Section 38 works.

Please provide records showing whether the developer completed the works required under the Section 38 agreement.

If the Council considers that the works were not completed, please identify:

a. the works that remained outstanding;

b. when the Council first recorded them as outstanding;

c. any deadlines given to the developer;

d. any notices issued to the developer;

e. any remedial works subsequently undertaken; and

f. whether the Council ever exercised, or considered exercising, its rights under the Section 38 agreement or associated bond/security.



7. Correspondence with the developer.

Please provide correspondence held by Lincolnshire County Council concerning the Section 38 agreement, highway bond, completion or adoption of the roads, including correspondence with:

a. Pride Homes (Lincoln) Ltd;

b. Cherry Paddocks Management Company Ltd;

c. any successor owner/developer;

d. the developer's highway consultants;

e. the bond/surety provider; and

f. North Kesteven District Council / Central Lincolnshire planning officers.

I am particularly interested in correspondence concerning any delay or failure to complete the roads or obtain adoption.



8. Current position

Please confirm:

a. whether a Section 38 agreement remains in force;

b. whether any associated bond/security remains in force;

c. whether the bond/security has ever been called upon;

d. whether the bond/security has been released;

e. whether the roads have ever been formally offered for adoption;

f. whether the roads have ever been formally rejected for adoption; and

g. the Council's current recorded reason, if any, why the roads remain unadopted.



9. If records are held elsewhere.

If any of the requested information is not held by the department receiving this request but is held elsewhere within Lincolnshire County Council, please forward the request internally or identify the relevant department/team.

 Response:

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

a. the complete signed Section 38 agreement; N/A

b. all schedules and appendices; N/A

c. all plans and highway drawings incorporated into the agreement; N/A

d. any subsequent deed of variation, supplemental agreement or amendment; N/A

e. the date the agreement was entered into; N/A

f. the parties to the agreement; N/A

g. the developer's name at the time of the agreement; N/A and

h. the Council's reference number for the agreement. N/A If no Section 38 agreement exists, please confirm this expressly. The Developer never entered into an agreement with LCC regarding a S38 agreement

2. The Developer never entered into an agreement with LCC regarding a S38 agreement, thus no bond, surety, guarantee, cash deposit or other financial security was forthcoming.

3. Not applicable

4. Not applicable

5. Not applicable No known correspondence has been found before Appendix 1.

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

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

8.The Developer never entered into an agreement with LCC regarding a S38 agreement, the road remains private under the landowner’s ownership.

9. Not applicable