Approval to Enter into a S278/38 Agreement
October 23, 2026 Director: Communities (Other) Key decision Approved View on council websiteFull council record
Decision
Enter into a legal agreement under S278/38 of the 1980 Highways Act to allow the developer to undertake within highway works as part of the new development off Godnow Road, Crowle approved under planning applications numbered PA/2024/1459.
Reasons for the decision
Support development and permit the developer to undertake the necessary within highway works required to implement their planning permission. The agreement allows the developer to undertake the approved works within the adopted highway (subject to road booking space agreements). The agreement allows the council to undertake site inspections and requires a financial bond which would protect the council, should anything happen to the developer prior to the completion of the works.
Alternative options considered
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.
Supporting Documents
Details
| Outcome | Recommendations Approved |
| Decision date | 23 Oct 2026 |