Decision details

Section 278 and Section 38 Agreement for Land off Portland Road, Shirebrook and Alterations to Market Close, Shirebrook

Decision Maker: Cabinet Member for Highways, Assets and Transport

Decision status: Recommendations Approved

Is Key decision?: Yes

Is subject to call in?: Yes


To seek the Cabinet Member’s approval to waive the requirement for a Guarantee Bond with regard to proposed works at two locations. One at land off Portland Road and the other at Market Close, Shirebrook. Both developments will be delivered by Bolsover District Council (BDC) and will be subject to Section 38 and Section 278 Agreements under the Highways Act 1980.


That the Cabinet Member:


Approves to waive the requirement of a Guarantee Bond totalling £116,672 regarding the proposed development at two locations, one at land off Portland Road and the other at Market Close, Shirebrook which are to be undertaken by Bolsover District Council under Section 38 and Section 278 Agreements of the Highways Act 1980.


Reasons for the decision:

As the developer is a local authority, the County Council considers the risks of default or financial insolvency are negligible and are therefore able to waive the requirement for a Guarantee.


Alternative options considered:

The alternative option is to not waive both bonds and request a Guarantee Bond or cash deposit of £116,672.70 from BDC. However, given that BDC has offered to underwrite the works and complete them to an adoptable standard this is not considered necessary. Also, as a local authority, BDC has a clear vested interest in ensuring good quality development at this site and the risk of noncompletion of the work is very low.


Publication date: 28/09/2022

Date of decision: 28/09/2022

Effective from: 06/10/2022

Accompanying Documents: