Demolition of illegal Kettering flats closer as police enable access to condemned apartments after court ruling

North Northants Council (NNC) had successfully applied to the High Court for the rights to access the Job’s Yard site for the ‘purposes of carrying out the demolition and associated works’.

Marcus Fielding, sole director of Michigan Construction Limited, the company responsible for the unsafe apartments, had also been ordered not to obstruct the work in any way.

To enable a pre-demolition inspection, NNC successfully applied to Northampton Magistrates’ Court on Thursday, March 13, to enter the flats, which they did a week later on March 20.

A statement shared by ward councillor Dr Anup Pandey said: “Following a successful application to Northampton Magistrates Court, the Council was granted a warrant to enter the Job’s Yard site under Section 95 of the Building Act 1984.

“On Thursday, March 20, the council’s Interim Building Control Lead, alongside our appointed demolition contractor, community safety officers, and police, attended the site. Mr Fielding was present and allowed access to the building.

“A pre-demolition inspection has now been completed. This will inform the demolition method and costings, with a method statement to be shared with the Health and Safety Executive in due course.

“If access to the site is obstructed during demolition, the council will seek injunctive relief from the High Court to ensure the works can proceed.”

Injunctive relief, also known as an injunction, is a legal remedy that may be sought from the courts to require a defendant to stop doing something, or requiring them to do something.

In November 2023, a High Court judge ordered the construction’s builder and owner to demolish the planning permission-breaking flats setting a deadline of February 28, 2024.

Nearly 13 months later, residents and local businesses are still in limbo and have been banned from the area due to safety concerns. The busy route to town centre shops, flats, a church and community rooms has been blocked off for more than two years.

NNC’s application to the High Court in Birmingham was heard on Thursday, January 30, 2025 and time is now ticking from that date – Mr Fielding must comply with the order by the end of April.

Marcus Fielding, sole director of Michigan Construction Limited, was told his company would be financially responsible for pulling down the building but no progress has been made since.

Mr Fielding has stayed put in the flats and was there on Monday (March 24), when our reporter called at the Job’s Yard site.

He later referred the Northants Telegraph to his firm’s ‘earlier comments’ from 2022 in which he refuted the findings of the High Court, saying he had ‘no concerns with the integrity of the build’.

In an email he had said: “We are undertaking the build at Job’s Yard, Kettering and would like to highlight some of the issues we have found.

“We feel that the way to regenerate the town centre is for people to live and work in the town centre and I intend to live in one of the apartments myself.

“The building is the initial concept unit of a multi-million pound, private equity, Yards regeneration program rejected by the council.

“Brownfield, city centre regeneration should be encouraged and through the permitted development route we hope that our current appeal is successful.

“The building’s structure is unique and is highly insulated to provide low carbon accommodation. The contemporary design steps away from our neighbours.

“The current layout was always considered and we have the loading of the building at circa 15 per cent of capacity. We have no concerns with the integrity of the build and have not been provided with the council’s report.

“We employed several local people who have lost their job due the planning delays.”

A spokesman for North Northants Council said: “North Northamptonshire Council was granted a warrant to enter the site at Job’s Yard, Kettering at Northampton Magistrates Court on March 13, 2025.

“The warrant was executed by the council, alongside the council’s appointed demolition contractor and the police on Thursday, March 20, 2025.

“The Council will now be working with the Health and Safety Executive and our appointed demolition contractor to provide a methodology to safety demolish the building.

“Should the execution of the High Court Order to demolish the building be obstructed by the owner in any way, the council can re-instate the proceedings before the High Court to pursue injunctive relief.

“At this stage, we can’t confirm a definitive timeline for the works to take place, but we can confirm that the council is in a position to move promptly with the demolition of the building.”