Demolition of 'unsafe' Kettering flats could see force used as deadline approaches to see end of Job's Yard building

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 12 months overdue, residents and local businesses are still in limbo and banned from the area due to safety concerns – a route to town centre shops, flats, a church and community rooms has been cordoned off for more than two years.

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.

Jason Smithers, leader of North Northamptonshire Council, the authority responsible for overseeing planning, said: “The demolition of the unsafe building at Jobs Yard remains a priority for the council.

“North Northamptonshire Council (NNC) has applied to the High Court for the rights to access the site for the purposes of carrying out the demolition and associated works and that the owner shall not obstruct the work in any way.

“At a hearing of the council’s application the High Court ordered that the matter be stayed for a maximum period of three months to allow the owner of the building a final opportunity to provide the required access.”

Mr Fielding has stayed put in the flats and this week, when our reporter called at the Job’s Yard site, work could be heard going on in the building.

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.

NNC has said they will use force if necessary to access the building to remove any occupants.

Cllr Smithers added: “In default of access being provided, the council will make an application to the magistrates court for a warrant to access the building, by force if necessary.

“Should the execution of a warrant be obstructed by the owner (defendant), the council can re-instate the proceedings before the High Court to pursue injunctive relief.”

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 July 2024, Northamptonshire Fire and Rescue Service (NFRS) were called to reports of a blaze at the six-storey building.

Firefighters wearing breathing apparatus faced challenging conditions as they made their way to the roof space where they found flames had engulfed several solar panels on the roof.

The same year, NNC announced they were at a stalemate with the developer, admitting that it had no other option than to use ‘step-in’ powers to demolish the block of flats itself.

The site owner had been refusing to allow council officers and agents access to the building to carry out a pre-demolition inspection, pausing any demolition proposals.

Once underway, demolition works could take up to 12 weeks to complete after the preliminary assessments have been carried out. At that time letters will be sent to neighbouring residents and businesses to inform them of the demolition contractor’s details and when works are likely to start.

M.A.X. Funding is the financial provider for Michigan Construction Ltd.

When the Northants Telegraph contacted Marcus Fielding, owner of Michigan Construction Ltd, he referred us back to comments he made in 2022.

He 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.”

M.A.X. Funding, Mr Fielding’s financial provider, has been contacted for a comment.