Persimmon Homes admitted last week that it failed to tell residents about a condition in the planning agreement requiring it to add a playground at St Luke's Park, a 37-home development off Westgate.

Now residents are furious that the play area is to be added to the site and Persimmon is trying to avoid having to build it.

A bid by Persimmon to have the condition struck out of the planning agreement failed after the Heavy Woollen Planning Sub-committee rejected it on February 7.

Wayne Gradwell, managing director for Persimmon Homes West Yorkshire, said he was taking the campaign further.

He said: "I can confirm that regretfully, whilst residents were advised that St Luke's Park included a public open space, we did not clarify that a small children's play area was to be included.

"Upon realising this error, we submitted an application for a variation in planning to provide a play area at an alternative location. However after consideration, Kirklees Council rejected our application.

"We were surprised by this decision, especially in light of residents clearly stating that they do not want a play area. I will now be writing to the Chief Executive of Kirklees Council to highlight what I feel is an incorrect decision, and will be appealing to him to reconsider our application in light of strong public opinion."

Some residents were concerned that the playground would lead to anti-social behaviour.

As reported by the Guardian and Herald last month, Coun Andrew Pinnock said the council had a responsibility to provide play areas where children could be watched by their families.

He said any anti-social behaviour at playgrounds would probably die down after a short while, and would be a matter for the police, rather than planners.

But Rebecca Howard, who lives on the site, is furious.

She said: "If we had been told there would be a playground, we would never have bought this house.

"Eventually, when it comes to selling it, who will want to buy it with a playground 7ft from the living room window, and how much is it going to devalue our house?"

Her neighbour Lindsay Birkhead asked when she bought her house two years ago if there would be a play area on the site, and was told there would not be.

She said: "Not one neighbour that I have spoken to is happy about it.
"Coun Pinnock's comments that any youths gathering is a matter for the police rather than a planning matter may be true - but doesn't the council have a responsibility to its tax payers to ensure that they live in an area that they feel safe and secure in their own homes?

"I'm not saying that every group of youths would cause problems but unfortunately in this day and age this is a great worry for everyone."

Rebecca Martin, who lives at St Luke's Park with her husband and two-year-old son, said: "A lot of us have young children and are happy to go to Moorside or West End Park for them to play.

"The council should invest in those. That way a wider age range of children would benefit."