Kettering developer keeps building Job's Yard flats as court date nears

The developer of a block of flats in the centre of Kettering has been carrying on adding to the partly-condemned structure despite a court order to demolish two storeys.

Cordoned-off to protect the public, the six-storey building in Job’s Yard had been ordered to be reduced in height to the four storeys as specified in a planning application.

A strict timeline was set out in May 2023 by Her Honour Judge Sarah Watson at the Technology and Construction Court, that Michigan Construction Ltd had to comply with.

After further building work, Michigan Construction Ltd’s sole director and chief builder, Marcus Fielding, will have to return to the High Court following an application made by planning authority North Northants Council (NNC).

Cllr David Brackenbury, North Northamptonshire Council’s executive member for growth and regeneration, said: “A strict timeline was set out in May 2023, by a judge at the Technology and Construction Court, that the developer had to comply with by specified dates.

"The objective of this was to ensure the building was taken down to a height approved by planning and for building control issues with the site to be resolved, so the building could be considered safe.

“The developer has been unable to demonstrate compliance with the terms of the order and NNC have made an application to the court, with the case re-listed for three days commencing November 15, 2023.

“In the meantime, NNC officers will continue to monitor the site cordon to ensure that it remains in position.”

At the May civil court case, the legal team representing NNC had sought a total demolition order. Mr Fielding’s financial provider, M.A.X. Funding Limited, had opposed the building’s enforced removal arguing to keep four floors of the apartments.

Her Honour Judge Sarah Watson was to hear evidence in a civil court case ordering the three parties to enter into discussions away from the court before any ruling was made.

A ‘final offer’ was made to the developer to ‘take responsibility’ and engage with NNC to remediate building defects. A ‘mutually agreed proposal’ was then presented to the judge and agreed in court, which formed a court order with strict timeline of activities.

In June this year, Mr Fielding spoke to reporter Jonathan Knott from Construction News.

In the interview, Mr Fielding explained the planning ‘issues’ were an ‘unfortunate consequence’ of starting construction while still ‘negotiating’ with the council.

He said the building’s ‘unique’ structure would provide ‘high-quality, low-carbon accommodation’ and that he had ‘no concerns with the integrity of the build’.

The planning permission for the site allows for a four-storey building following an appeal decision, not a six-storey building which has been built on the site and was deemed unsafe by NNC officers.

Building on the site had been halted after the Health and Safety Executive (HSE) had placed an enforcement order against any further work taking place.

Due to the current ‘unsafe’ nature of the building, a cordon has been in place since June 2022.