Kettering site developers lodge appeal to prevent demolition of illegal extra floor

The appeal was lodged this month by builders Michigan Construction Ltd

Tuesday, 16th November 2021, 7:00 am

A building firm that nearly finished adding an illegal extra floor to a Kettering apartment block has lodged an appeal after being told to remove it.

Workers from Michigan Construction Ltd had been working on the building site in Job's Yard, next to the Prince of Wales pub, but had to cease all activities after an official stop notice was issued.The stop notice was issued by North Northamptonshire Council after the builders began adding an extra fifth floor, in breach of the planning permission.

Michigan Construction Ltd had been granted planning permission to develop the site, managing to secure approval for a four-storey building for nine flats.

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The apartment block towers over the neighbouring buildings

But builders started work to add a fifth floor - in a breach of the approved permission - leading to the stop notice being issued in August.The notice had stated that the builder was "to cease all the activity - construction activity associated with the building of a five-storey block of flats - other than limited work required to make this site safe," adding the reason for the notice being issued as "a fifth floor is being constructed unlawfully following the grant of planning permission under KT/2019/0908 which was for four storeys only."

A second notice was later issued in September, ordering them permanently remove the fifth storey to remedy the breach.

Michigan Construction Ltd has a base in Robinson Way, on the Telford Way Industrial Estate, Kettering, but the company office is registered in Towcester and is owned by arcus Fielding.

Planning permission for the Job's Yard development of nine apartments - six one-bedroom and three two-bedroom - had been granted after an appeal to the Government's Planning Inspectorate on January 26, 2021, overturning a decision made by the then Kettering Borough Council.

Construction was stopped on the fifth floor

The planning permission appeal was granted for a four-storey apartment block with a stepped profile to set the upper storeys further from the adjacent buildings.

Interested parties have until December 17 to submit comments but the local planning authority - North Northamptonshire Council - has until January 7, 2022.

If unsuccessful Michigan Construction Ltd will have to take 'actions required to remedy the breach' by removing the extra storey.

A stop notice was attached to the site barriers
Original plans were for three floors
Plans submitted showed only four floors
The four-storey building is shown in grey with green balconies