A NEW planning application for the controversial Castle Hill hotel has been submitted which fits what has already been built.
Developer The Thandi Partnership put in the fresh application after Kirklees Council forced construction to a halt because of alleged breaches of planning permission to the original application.
Planners said the construction work did not match the plans - but the new application now reflects the size and floor area of what is already built on the hill.
Under planning law, this new application will have to be determined by Kirklees councillors within 13 weeks - and if they pass it there will be no need for a planning inquiry into the controversy.
This new planning application has cost The Thandi Partnership £4,800 to submit.
The already-erected framework next to the landmark Jubilee Tower will stay untouched until the row is settled.
The new application includes a first floor waiting lounge over the original conservatory and one or two basement windows.
Planning officer Mr Bill Topping said: "It's a legal application and the applicants have paid a fee of £4,800. The plan reflects what they have built without permission.
"If it was approved by the planning committee, it would supercede the need for the planning inquiry.
"I would guess their intention is to persuade the councillors of the new application's merits."
But he said if it was refused, the inquiry would probably deal with the entire issue.
An appeal against Kirklees Council's original enforcement notice was launched by the partnership.
But it could be some months before the public inquiry is held, which means the new application could be decided before the inquiry.
Mr Topping said: "When the Planning Inspectorate has a planning officer available the inquiry will be held - and we will obviously accept the earliest date, but it could be next year."
Mr Alistair Ingram, architect for the partnership, said: "My clients have taken advice and have been advised to resubmit a new application.
"There are some amendments to the original plan."
He said the first planning application was for an extension to the original building.
But when work started it became apparent that the original building was in a dangerous condition and 90% was removed to erect a new framework.
He said this is 60cms higher than the top of the original building because regulations have changed.