The developer of a block of flats in Kettering has been ordered to demolish the top two floors of the building after the council took legal action against it.
North Northamptonshire Council brought a case against Northampton-based Michigan Construction Ltd after a two-year dispute.
Michigan was granted planning permission in 2019 for a four-storey building on the Job’s Yard site in Kettering town centre, but in 2021 the council issued the company with a stop notice after work began to add a fifth floor. Michigan appealed the decision and continued work at the site.
According to local media reports, work on a sixth floor began last year, but the planning inspectorate rejected Michigan’s appeal, ruling that the top two floors should be demolished. The site has been cordoned off since June 2022.
The council asked the Technology and Construction Court to decide whether the building should be demolished in its entirety or just the top two floors.
After a two-day trial late last month, the judge approved an order requiring the developer to have a specialist contractor demolish the two floors.
Michigan must also appoint experts to work with council officials “to identify all issues with the building that need to be addressed for the building to be considered safe”, North Northamptonshire Council said.
Following the court‘The council’s decision said in a statement that it had “serious concerns about the building work being carried out and the developer’s lack of adherence to building regulations”.
He added that if a “strict time” of action was not met, he would again apply to the court for the total demolition of the building. He warned that he would “take other similar matters to court, if necessary.”
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 time and going to court was always a last resort.”
He added: “This is a positive step forward and we hope that the developer will follow the orders set by the court.”
Michigan Construction Manager Marcus Fielding said Construction news: “The planning issues are an unfortunate consequence of starting construction while still negotiating with the council.
“The structure of the building is unique and highly insulated to provide high-quality, low-carbon accommodation. The current layout was always taken into account and we have the load of the building at about 15 percent of the capacity. We are not concerned about the integrity of the construction.”
