PLANS to build 34 new homes in Kirkby Lonsdale have been given the green light again after a legal agreement with the council was amended.

Members of South Lakeland local area planning committee approved plans from the developer Russell Armer Ltd to change the previously agreed legal agreement with the council on when the developer must provide an off-site footway from the site to St Mary’s Primary School.

The plans were initially approved by South Lakeland District Council in March this year.

Russell Armer Ltd wants to change the section 106 agreement with the council to amend the ‘trigger point’ in the legal agreement regarding the implementation and availability for use of the offsite footway from before the first occupation of the homes, to prior to first occupation of the 24th dwelling on the site.

The developer said it was currently unable to start construction of the development as discussions with the school and the highways department to deliver the footpath link are ‘ongoing and likely to take a number of months to conclude’.

According to the report prepared for the planning committee the developer says the trigger in its current form is viewed as being ‘overly onerous in terms of timescale by our finance partners’.

The report states: “By amending the trigger to prior to the occupation of the 24th dwelling, our finance partners have agreed to commit to the delivery of the scheme.

“This will bring additional benefits such as local employment for trades during a turbulent time in the construction sector, investment into the local economy, as well as allowing us to complete the Oakfield Park development, in turn making the frontage onto Kendal Road far more attractive.”

The legal agreement with the council also states 12 of the homes in the development must be affordable.

Members of South Lakeland local area planning committee approved the changes to the section 106 agreement on Thursday (November 30) at Kendal Town Hall.