Land on the South Side of Willingham Road, Lea, Gainsborough, DN21 5EH development

The request concerns the development by Rippon Homes Limited (freehold land held by Rippon Homes Heritable Limited) at Land on the South Side of Willingham Road, Lea, Gainsborough, DN21 5EH, Title Number LL404398 ('the Site'), and arises from matters disclosed in the Council's Internal Review Decision Notice of 12 May 2026 (reference 15567625) in respect of my earlier request 15567925.

For the avoidance of doubt, this is a separate request from the matters raised in my follow-up letter of today's date concerning the Internal Review Decision Notice and the outstanding response under EIR 15993502. I would be grateful if this request could be acknowledged with its own reference number and processed under the Council's normal information rights procedures, with the statutory time for compliance running from the date of receipt.

Where the information requested falls within the definition of environmental information under regulation 2(1) EIR - in particular information concerning the state of land or water, factors affecting that state, measures and activities affecting or likely to affect those elements, and reports on the implementation of environmental legislation - I ask that the request be considered under the EIR. In particular, the matters in Part 5 of this letter (Lead Local Flood Authority records under the Flood and Water Management Act 2010) and the drainage-related elements of other Parts plainly fall within regulation 2(1) EIR. I am content for the Council to determine the applicable regime in respect of each individual item; I record the position so that it is clear on the face of this request.

In respect of each numbered item below, I would be grateful if the Council would either: (a) provide the information; (b) confirm that the information is not held; or (c) issue an appropriate refusal notice under section 17 FOIA or regulation 14 EIR, citing the specific exemption or exception, the reasoning, and (where the exemption or exception is qualified) the public interest balancing exercise undertaken. For ease of reference in any subsequent correspondence, requests are numbered consecutively from 1 across all Parts of this letter.

I have used the cross-references and Appendix designations from the Decision Notice of 12 May 2026 where doing so will assist identification of the records sought.

1. Information relating to the proposed but unexecuted bond guarantee

The Decision Notice of 12 May 2026 confirms, in answer to question 1.2(c), that 'a bond guarantor was proposed by the developer and accepted by LCC', but that no executed bond exists because no Section 38 agreement was signed. I request the following information about the proposed but unexecuted bond:

a. The identity of the party proposed as the bond guarantor (and, if more than one was at any stage proposed, the identity of each).

b. The proposed monetary value of the bond guarantee (whether expressed as a sum, a formula, or a range).

c. Any draft of the proposed bond instrument, and any associated schedule of works or other annex setting out the scope of works the proposed bond was intended to secure.

d. All correspondence (internal and external) relating to the proposal of the bond guarantee, the Council's acceptance of it, and the reasons for its non-execution. This includes correspondence with the proposed guarantor, with the developer, and internal LCC correspondence on these matters.

e. Any records of the Council's consideration, at any stage, of whether to require execution of the bond before allowing the highway works to be carried out, and of any decision (whether by act or omission) to permit construction to proceed without the bond having been executed.

2. Correspondence indicated by the disclosed materials

The Decision Notice of 12 May 2026 discloses, at Appendix C3, internal LCC correspondence covering the period July 2023 to November 2025. An internal correspondence trail of that duration ordinarily implies the existence of associated outward and inward correspondence. I therefore request:

a. Correspondence between the Council and the developer (or any party representing the developer) relating to a draft Section 38 agreement, including any draft Section 38 agreement at any stage of negotiation (in particular correspondence in or around March 2023).

b. Correspondence relating to any indemnity provided or proposed in connection with the Section 38 agreement.

c. Correspondence relating to title or land-ownership matters affecting the Section 38 agreement, in particular as between Rippon Homes Limited (company number 00409107) and Rippon Homes Heritable d. Limited (company number 10368889).

d. Correspondence in or around November 2023 chasing progress on the Section 38 agreement.

e. Correspondence in or around May 2024 relating to corporate restructuring affecting the developer.

f. Correspondence in or around 26 June 2024 relating to the Section 38 agreement.

g. Correspondence in or around 9 October 2024 chasing progress.

h. Correspondence following Rippon Homes Limited entering creditors' voluntary liquidation on 30 April 2026, including any communications with the Joint Liquidators, Stephen Katz and David Birne of Begbies Traynor (London) LLP.

i. Any further records relating to the site visits evidenced by Appendices B1 (9 February 2023) and E1 (16 March 2026), including briefing notes, internal emails, instructions to attend, follow-up correspondence, and any photographs not already disclosed.

j. Any records of decisions taken, actions taken, or actions considered (but not taken) by the Council in response to the matters identified during the site visits at Appendices B1 and E1, or otherwise in response to the absence of a signed Section 38 agreement, the absence of an executed bond, or the developer's failure to progress the proposed Section 38 agreement. This includes (without limitation) any internal records of consideration of: serving an Advance Payments Code notice under sections 219-225 of the Highways Act 1980; refusing to progress the Section 38 agreement until specified defects were remedied; escalation to senior officers or to elected members; consideration of any other statutory enforcement powers available to the Council; and any records of decisions not to take such action and the reasoning for those decisions.

k. Any records of other site visits or inspections, however characterised, conducted at the Site during the period between approval of the technical drawings on 27 May 2021 and the date of this letter.

3. Advance Payments Code (Highways Act 1980, sections 219-225)

[Content unchanged except corrections already applied above.]

4. Building Act 1984 - Initial Notice and related notifications

a. Any copy of an Initial Notice received in respect of the development at the Site (whether by service, by copy, by attachment to correspondence, or otherwise).

b. Any record relating to a Final Certificate, withdrawal, or cancellation of an Initial Notice in respect of the development at the Site.

c. Any correspondence with West Lindsey District Council or with any private Approved Inspector relating to Building Control matters at the Site, including matters arising at the interface between Building

d. Control and highway or drainage functions.

5. Lead Local Flood Authority records (Flood and Water Management Act 2010)

a. Records of flood risk assessment, surface water drainage assessment, or sustainable drainage system (SuDS) consideration in connection with the Site.

b. Records of any investigation under section 19 of the Flood and Water Management Act 2010, or of any matter considered for such investigation, in connection with the Site.

c. Records on or relevant to the asset register maintained under section 21 of the Flood and Water Management Act 2010 in connection with the Site.

d. Correspondence with Severn Trent Water Limited concerning the drainage arrangements at the Site, including (without limitation) correspondence relating to the Section 104 position and to any proposed pumping station.

6. Current position regarding the Section 38 agreement

a. The date on which the Council most recently communicated with the developer (or any party representing the developer) regarding execution of the Section 38 agreement, and the nature of that communication.

b. Any drafts of the Section 38 agreement at any stage of negotiation.

c. Records of the Council's present position regarding the Section 38 agreement following Rippon Homes Limited entering creditors' voluntary liquidation on 30 April 2026.

1.

a. Advantage Home Construction Insurance Limited were the proposed bond guarantor. Please see Appendix 1.

b. 100% at £573,579.00. To be signed at 50% = £286,789.50

c. Please see Appendix A1 and Appendix 1.

d. Appendix 4 – email containing the proposal of Advantage Home Construction Insurance Limited from Rippon Homes.

e. It should be noted that a Developer is not legally forced into entering a S38 agreement with the highway authority. See Appendix 5.

2.

a. Appendix 6 (one email overlap with appendix 5) – emails relating to the title documents needed for the title check to be able to draft the s38 agreement.

b. See Appendix 7, Appendix 1 and Appendix C3.

c. See Appendix 7.

d. No correspondence from November 2023. See Appendix 8, Appendix C1 and C2.

e. No correspondence May 2024. See Appendix 9.

f. See Appendix 8, Appendix C1 and C2.

g. See Appendix 8, Appendix C1 and C2.

h. No correspondence.

i. See Appendix 10, Appendix C1 and C2.

j. Appendix 10, Appendix C1 and C2.

k. See Appendix 11.

3. No correspondence held.

4.

a-d. No correspondence held.

5.

a. See Appendix 12 and Appendix D1.

b. Appendix 12 (1).

c. Appendix 12 (2).

d. See Appendix 12 and Appendix D1.

6.

a. See Appendix 13, Appendix C1 and C2.

b. Appendix 14 (1).

c. Appendix 14.

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