A high court judge has ruled that the developer, Michigan Construction, must demolish a six-storey building in Kettering due to serious concerns about building work
The Judge ruled that Michigan Construction’s non-compliance with building regulations and planning permission led to the decision.
The unauthorised structure at Jobs Yard prompted formal action from the council’s building control and planning enforcement teams, with support from the Health and Safety Executive.
Following a three-day trial at Birmingham High Court, Judge Sarah Watson has ruled that the developer was to cover the expenses of the specialised contractor needed to demolish the building. This will have to be done by February 28, 2024.
Michigan Construction ordered to pay compensation to the council
The council has been awarded costs and intends to recover any expenses incurred during the legal proceedings from Michigan Construction.
“We have been trying to work with the developer of this site for some considerable time now and going to court was always a last resort. We are pleased that the court found in our favour, and we will continue to monitor the situation to ensure that the developer follows the orders set out by the court,” said Councillor David Brackenbury, executive member for growth and regeneration.
“We simply cannot permit unsafe construction that breaches planning permission to be allowed – it is unsafe for our residents, and it’s a blight on our town centres. I’m delighted that the court has found in our favour – and I hope it sends out a warning to cowboy constructors who think they can cut corners,” he continued.
Earlier in the trial, Marcus Fielding, the sole director of Michigan Construction Ltd, failed to appear at the High Court. Fielding had been due to attend the Technology & Construction Court in Birmingham on Wednesday, 15 November.
Fielding ignored opportunities to safely demolish the building
Despite Fielding’s absence, North Northamptonshire Council (NNC) proceeded with the case before Judge Sarah Watson. In June, a final proposal was extended to the developer, urging them to ‘take responsibility’ and work with NNC to address the building’s faults, including the demolition of the non-compliant top two storeys.
A mutually agreed proposal outlining a strict timeline of actions was presented to Judge Watson and accepted in court. Despite the agreement to demolish extra floors using a contractor and return to the approved four-storey structure as per planning permission, Fielding continued with construction.
“The company (Michigan Construction Ltd) didn’t have the money to find a (demolition) expert. He does have the wherewithal for 30 to 40 windows – his arguments are built on sand. It has got the money, but it’s decided to use it on breaching flagrantly the order,” commented Simon Goldberg, KC for NNC.
