Court in Birmingham orders demolition of unfinished block of flats

The local authority also pointed to a “lack of adherence by the developer to building regulations and the planning permission which had been granted”.

Michigan Construction has been ordered to pay an initial £40,000 of costs within 14 days of the order.

A further payment is due, but a council spokesperson said the remainder was still to be confirmed and “may end up being subject to a costs assessment by the court”.

Documents show a proposal for nine flats across a four-storey building on the site was initially refused by Kettering Borough Council, now part of NNC, in March 2020. The refusal was on the basis that it would be overdevelopment and harmful to the area’s character.

However, Michigan Construction won an appeal with the Planning Inspectorate in January 2021, which said the scheme could proceed.

But extra storeys appear to have been added, and reports from earlier this year show the High Court initially ordered the top two storeys to be demolished to address safety concerns. The council then applied for an order for the building’s total demolition.

David Brackenbury, the council’s executive member for growth and regeneration, said the authority had been trying to work with Michigan for “some considerable time” and going to court was “always a last resort”.

Since June last year, a cordon has been in place around the site, due to the “current unsafe nature of the building”, according to the council.

It said the cordon would remain in place until the demolition was finished, to ensure public safety.

Jason Smithers, leader of the council, added: “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.” 

Michigan Construction has been approached for comment.