AN APPEAL has been lodged over plans for 98 homes in Gomersal which were refused last year due to delays in signing a legal agreement.

The scheme for green fields off Cliffe Lane, Gomersal, was recommended for approval by council planners when it went before committee in December 2019.

In fact members of Kirklees strategic planning committee voted for the plans, agreeing to delegate approval to the head of planning and development.

But in July last year, the scheme was brought back before the committee as the Council said developer KCS Development Ltd had missed deadlines to deliver an agreement to pay for improvements and infrastructure such as school places - known as a Section 106 legal agreement.

The scheme itself involves knocking down an existing house at 271 Cliffe Lane to provide access to nine acres of former greenbelt land upon which they would build 98 homes.

The agreement as it stood included £263,000 towards education requirements at local schools Gomersal Primary, Gomersal St Mary’s and Whitcliffe Mount, as well as £117,000 for open space and £49,000 towards a residential travel plan.

At a meeting in July last year, the developer sought an extension to the next meeting. Agent for the scheme Emma Winter said an agreement was imminent and that the developers were not trying to avoid their obligations.

According to a report, it appeared that the legal agreement was one signature out of five away from being completed, with the last signatory a company which had been "significantly impacted by the pandemic".

However, planners would not give the developer more time and the scheme was subsequently refused.

Now an appeal has been lodged against the decision and Richard Morton, of Leeds-based KCS Developments told the Telegraph & Argus: "Kirklees decided to refuse the Gomersal application as the Section 106 which was to form part of the consent had not been signed by all parties within a timetable acceptable to the Council.

"The lack of a fully signed Section 106 was the only reason for refusal.

"We are now of the view that all parties needing to sign for the Section 106 to be completed are prepared to do so hence the submission of the appeal."

He added: "I hope following the appeal there will be a consent to develop out this site, allocated for housing, allowing it to contribute towards the new homes and affordable homes that are required in the local area."

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