The developer of a six-storey building in Job’s Yard, Kettering has been ordered to totally demolish the building following a three-day trial in Birmingham High Court.
The case was brought by North Northamptonshire Council following serious concerns about the building work that has been continuing to take place as well as a lack of adherence by the developer to building regulations and the planning permission which had been granted.
The unauthorised structure resulted in formal action from the council’s building control and planning enforcement teams, supported by the Health and Safety Executive.
A three-day trial concluded with the court granting an order compelling the developer to arrange for a specialist contractor to demolish the building down to the ground.
The court ordered that the demolition should be completed by February 28, 2024, by a specialist contractor paid for by the developer, Michigan Construction Limited.
NNC were awarded costs and will be seeking to recover their costs incurred in the proceedings from the developer, Michigan Construction Limited.
Due to the current unsafe nature of the building, a cordon has been in place around the site since June 2022 in the interest of public safety. The cordon will remain in place to ensure the safety of the public is maintained until after the demolition has been completed.
Cllr David Brackenbury, the council’s Executive Member for Growth and Regeneration, said: “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. Following the demolition, we will be able to look at the safety of the area and consider removing the cordon in place, which will benefit residents of Kettering and businesses around the site.”
Cllr Jason Smithers, Leader of the Council, said: “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.
“This case demonstrates that we will take tough action against developers who choose to flout the rules which are so necessary to ensure that high standards of construction are maintained, and new buildings are in keeping with surrounding areas.
“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.”
