A Kettering property developer has been convicted of multiple health and safety offences after a court heard an unfinished apartment block in the town posed a serious danger to the public and could potentially collapse.
Marcus Fielding, 53, of Job’s Yard, Kettering, was found guilty at Northampton Magistrates’ Court of three offences relating to the six-storey apartment building in Job’s Lane. His company, Michigan Construction, was also convicted on the same charges following a two-day trial.
The prosecution was brought by the Health and Safety Executive (HSE), following years of concerns surrounding the building, which has become one of Northamptonshire’s most controversial developments.
Years of concern
The unfinished apartment block, constructed in 2018, has remained at the centre of a lengthy legal dispute after concerns were raised over both its structural integrity and the way it had been built.
North Northamptonshire Council had previously questioned the standard of the construction work, while also stating that planning permission had never been granted for a building of six storeys.
The authority took the matter to the High Court and, in late 2023, a judge ruled that the development had breached both planning conditions and building regulations. The court concluded that the block should ultimately be demolished.
Despite that ruling, legal proceedings have continued over the safety of the site and whether adequate measures were taken to protect members of the public.
HSE: Building was ‘dangerous’
During the magistrates’ court trial, investigators from the Health and Safety Executive told the court the building was dangerous and presented a significant risk.
Evidence heard during the proceedings suggested the unfinished structure could potentially collapse, creating a serious threat to anyone nearby.
Prosecutors argued that Fielding and Michigan Construction failed to take the necessary steps to prevent members of the public from being exposed to danger. They also alleged scaffolding around the building was not being properly maintained and that work had continued despite legal orders preventing further construction activity.
HSE barrister Tom Daniel accused Fielding of placing “every conceivable hurdle” in the way of the demolition process.
Defence
Giving evidence during the trial, Fielding maintained he had taken steps to ensure the building was “safe and secure” and pointed out that nobody had been injured.
He apologised to neighbouring residents for the disruption caused by the unfinished development but said he did not have the financial resources required to demolish the building.
Fielding also told the court he did not want to see the block demolished, adding that if demolition did take place it should be carried out safely.
During the hearing, he said the building remained unfinished and confirmed that he had moved into one of the flats.
Judge’s findings
District Judge Amar Mehta rejected the defence, finding both Fielding and his company guilty of the offences.
In delivering his verdict, the judge said the evidence showed the building could collapse and potentially cause fatalities.
He also found that work had continued on the site despite court orders preventing further construction and noted that evidence had shown a child had been present while work was being undertaken.
Addressing the court, Judge Mehta criticised the developer’s approach, saying:
“He carried on doing whatever he wished to that building.”
Describing the site as dangerous, the judge concluded that the prosecution had proved the offences beyond reasonable doubt.
Sentencing postponed
Fielding was granted bail following the verdict and warned that a custodial sentence remains a possibility.
Sentencing has been adjourned until 21 August, when both Fielding and Michigan Construction will return to court.
The Job’s Lane development has attracted significant public attention over recent years and remains one of the most closely followed planning and safety disputes in North Northamptonshire.
Northants 1 will continue to report on the case as it progresses through the courts.
