Developer ordered to demolish two storeys of Kettering building

Building control and local land charges

07 June 2023

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The developer of a building in Job’s Yard, Kettering will have to demolish the top two storeys and rectify the other issues with the site, following a trial at Birmingham High Court at the end of May.

The case was brought by North Northamptonshire Council following serious concerns about the building work taking place and a lack of adherence by the developer to building regulations. The result from the court case shows that the council were justified in their approach and are warning they will take other, similar matters to court, if necessary.

After two days, the judge adjourned the trial and approved an order from the court compelling the developer to arrange for a specialist contractor to demolish the top two storeys and appoint experts to work with NNC’s Building Control team to identify all issues with the building that need to be resolved for the building to be considered safe. 

A strict timeline has been put in place for the developer to action, and if this is not met, NNC will reapply to the court for the total demolition of the building.

The planning permission for the site allows for a four-storey building following an appeal decision, not a six-storey building which has been built on the site and was deemed unsafe by NNC Officers.

Due to the current unsafe nature of the building, a cordon has been in place since June 2022 and once the building has been reduced to four storeys, NNC will be able to review the current size of cordon.

We have been trying to work with the developer of this site for some time now and going to court was always a last resort. 

This is a positive step forward and we are hopeful the developer will follow the orders set out by the court. Following the removal of the top storeys, we will soon be able to look at the safety of the area and reducing the cordon in place at the earliest opportunity, which will benefit residents of Kettering and businesses around the site.
Cllr David Brackenbury, the council’s Executive Member for Growth and Regeneration
Our officers work tirelessly across North Northants tackling issues that are important to residents. As this case shows, we take enforcement cases seriously and will send cases to the court, if necessary, to protect residents and prevent non-compliant building works.Cllr Jason Smithers, Leader of the Council