A company behind a controversial Colne Valley housing development has withdrawn a retrospective planning application regarding four houses that have almost been fully built because they insist they had every right to build them in the first place.
The decision affects the final four out of 61 new Slaithwaite houses to be built in the Hill Top area, which Bowdon Construction is adamant are covered by an unimplemented part of plans given conditional permission by Kirklees Council in 2004.
However, council officers have refused to give the homes in Meadow Lane the green light, due to not being convinced that they satisfy the planning conditions which were highlighted following the submission – an issue that first reared its head in 2012.
The dispute is the latest to hit the development which was the subject of concerns from neighbouring residents in October who believed that the four detached properties were being built too close to their homes. The protesters said they could cause drainage problems and flouted UDP regulations.
A retrospective application for the four was submitted on October 3 following guidance from the council but was then withdrawn by the company last week, who said they found evidence that they had worked to meet all planning conditions and submitted all relevant information as evidence.
Bowdon’s director Chris Fletcher said: “The council told us that some of the conditions had not been discharged but we think that’s wrong.
“We found information from 2005 in our files that deals with these, which we sent to the council so don’t know whether this application got lost at their end or something else.
“We decided to withdraw the plans because we’re sure that it is a lawful development and are now in the process of submitting a lawful development certificate which will confirm this.”
However, he said that the company is still working with the council to address drainage issues.
Mr Fletcher said: “We are working together to install a drainage attenuation tank to free rain water from the site to prevent any drainage issues.”
But the council’s Head of Development Management, Simon Taylor, said: “It is understood that the developers believe the erection of the four houses benefit from an unimplemented part of a planning permission granted in 2004.
“Officers are now investigating evidence to determine whether or not the they can be built in accordance with plans and conditions attached to this planning permission.”
