Council admits it has 'no powers' to remove Kettering builder holed up in illegal and unsafe flats

Marcus Fielding, the sole director of Michigan Construction Limited (MCL) and the man behind the planning permission-breaching flats in Job’s Yard, had been order to comply with a High Court ruling in which he had been told to pay for a demolition company.

Since the court order, planning authority North Northamptonshire Council officers have been attempting to engage with Mr Fielding and pay for the work as instructed.

This spring residents have witnessed more work being carried out to the building – in serious risk of collapse – with exterior lighting and extra roofing being added.

Cllr Jason Smithers, leader of NNC, said: “A court order is in place for the demolition of the unauthorised development in Job’s Yard, Kettering to be completed by April 26, 2024.

“The responsibility for the safe demolition of the building is with Michigan Construction Limited, which has taken no evident action to comply with the requirements of the order.”

In November last year, Her Honour Judge Sarah Watson granted the injunction sought by NNC for the demolition of the flats in Job’s Yard. Michigan Construction Limited was told to find a contractor to do the work and to pay the demolition bill.

Cllr Smithers said: “The council has the ability to exercise step-in powers to demolish the building and seek to recover the costs. This was always a last resort option for the council. However, the council has now obtained quotes for the demolition work from local contractors and obtained internal authorisation to procure the necessary work.”

NNC has written to MCL advising of their intention to carry out a site visit to access the building later this month in order to continue to ‘progress the preliminary works’ that are required in order to ‘progress’ the demolition of the building.

When the preliminary works are complete the contract will be issued to the demolition contractor with the works taking up to 12 weeks to complete.

At that time letters will be sent to neighbouring residents and businesses as part of the statutory demolition procedure to inform them of the demolition contractor’s details and when works are likely to start.

But Cllr Smithers admitted the time for the start of demolition depends on its occupier with the potential for further legal action.

He added: “Should our proposed actions to demolish the building be obstructed the time taken to demolish the building will be longer and will likely also involve further legal action.

“The council does not have powers to remove the director of MCL, or any other operatives from the site. The authority’s efforts are focussed on progressing the preliminary works to ensure demolition takes place safely and as soon as possible.

“The safety of the public is of paramount importance to the council and we remain committed to ensuring the unsafe building is safely brought down as quickly as possible in the interest of public safety. The cordon in place around the building will remain in place until the demolition work is completed.”

Mr Fielding has declined to comment today, as well as on numerous previous occasions too.