Decision details

320 Swindon Road Development – Section 278 Agreement

Decision Maker: Director of Construction, Property and Assets - Richard King

Decision status: Recommendations Approved

Is Key decision?: No

Is subject to call in?: No

Decision:

Approval is sought to enter into the Section 278 Agreement with Gloucestershire Highways and Speller Metcalfe. This agreement sets out the responsibilities, technical requirements and cost liabilities for delivering the off site highway works associated with the scheme, enabling construction and future adoption by the highway authority
The redevelopment of this site will deliver 24 new affordable homes

Reasons for the decision:

The Section 278 Agreement is essential to progress the 320 Swindon Road development, as it covers the required improvements to the surrounding highway network, including access arrangements and safety measures. Securing the agreement allows Speller Metcalfe to begin the highway works without delaying the main construction programme and ensures the completed works meet Highways’ standards for adoption. Without the agreement in place, the development would face programme risk and potential additional costs. Background information can be found below for this decision:
• Cabinet report dated 7th July 2020 approving the acquisition of the site at 320 Swindon Road.
• Cheltenham Borough Council entered into a JCT Design & Build Contract with Speller Metcalfe on 9 June 2025 to deliver the 24 home development at 320 Swindon Road.
• Following completion of pre construction activities, design development and site mobilisation, construction works formally commenced on site on 17 November 2025.
• The Section 278 Agreement with Gloucestershire Highways is required to support the off site highway works that form part of the approved scheme and enable safe access to the development.

Alternative options considered:

No alternative options are available because the Section 278 Agreement is a statutory requirement for delivering the necessary off site highway works. Without an approved agreement, the works cannot proceed, and the development would be unable to progress.

Finance Comments: This project is funded by Homes England.

Declarations: none

Other reasons / organisations consulted

Consultation has taken place with CBC officers and Members.

Contact: Richard King, Director of Construction, Property and Assets Email: [email protected].

Publication date: 12/02/2026

Date of decision: 12/02/2026