A planning inspector will rule on one of Huddersfield’s most controversial and long-running planning disputes.
Kirklees councillors today withdrew their objections to Prospect Estate’s housing bid for the Clayton Fields beauty spot off Edgerton Road.
Councillors aren't now allowed to make a decision for or against the 41-house plan.
The developer thought Kirklees was taking too long so appealed against the council before it even went to the committee in February.
Kirklees had explained the delay by saying they were waiting for the applicant to submit reports on affordable housing and biodiversity, and said they were unable to make a judgement until they had them.
At that stage councillors ruled that they would be minded to refuse the plans and their evidence would have been heard as part of the appeal.
But the applicant has since submitted reports which councillors considered today before withdrawing their objections.
Many councillors said they were uncomfortable with the position the authority was in.
Clr Jean Calvert said: “Regrettably I’ll second this application. Officers have done their best to get the best out of this situation whatever we decide.”
Clr John Taylor added: “I think we are in a difficult position here, I think officers have done the best they can, crucially in affordable housing. Regarding biodiversity, I think we’d all like more than we’re going to get.”
Clr Andrew Marchington added: “I think a lot of us are uncomfortable about agreeing to what has been proposed.”
The biodiversity report conceded that while there would be the loss of woodland, it would not be grounds for refusal.
While Prospect Estates Ltd initially offered no affordable housing but they have now agreed to it.
A viability report stated the developer could not contribute to affordable housing because of the “substantial legal and planning fees” associated with the application.
Kirklees, however, scrutinised the viability report and argued Prospect Estates could still walk away with 20% profit and pay £362,308.
Prospect Estates agreed, but as the proposed development is for large, detached homes it’s likely the developer will pay Kirklees for off-site affordable housing.
In February the Examiner reported that Prospect Estates had threatened to build to planning permission granted in 1967 if it didn’t secure more up-to-date permission.
The historic plan was for 20 houses, 23 bungalows and 12 flats on the site, off Deveron Grove and Queens Road.
It followed an 18 year legal battle between residents, who argued the land was a village green, and the developer, which ended with a Supreme Court ruling in favour of the developer.
Kirklees will now offer no objection to the plan and the hearing takes place on Tuesday - June 16 - at Brian Jackson House in Huddersfield.
