Section 38 of the Highways Act 1980 - Find a freedom of information request

This adoption refers to Naam Grove Lincoln LN1 3NL

1.Section 38 of the Highways Act 1980 refers to the power of highways authorities to adopt highways by agreement. But where is the agreement?

2.Also this section refers to a transfer of responsibility, but from where is the responsibility transferred?

I can confirm that the information requested is held by Lincolnshire County Council. I have detailed below the information that is being released to you.

1.This section of Highway was not adopted under S38 of the Highways Act, rather through agreement with CoLC following a review of streets in Lincolnshire after case law from Gulliksen vs Pembrokeshire CC 2002 highlighted a responsibility (across all Highways Authorities) under the Highways Act through Section 36 https://www.legislation.gov.uk/ukpga/1980/66/section/36 as such this did not require agreements as S38 would.

2. As above S38 does not apply to this section of Highway but these agreements are entered into with the landowner who gives up his land to the highway.