Developer guilty of apartment block safety breaches

The developer of an unfinished block of flats which was at the centre of a High Court fight has been convicted of health and safety offences.

A judge found Marcus Fielding guilty of failing to prevent people being put in danger by the "unsafe" six-storey building in Job's Lane, Kettering, Northamptonshire.

The 53-year-old of Job's Yard, Kettering, had denied the offences during his trial at Northampton Magistrates' Court.

District Judge Amar Mehta, who also found Fielding's company Michigan Construction guilty of the same offences on Tuesday, postponed sentencing until August.

The block, built in 2018, has been a focus of concern for some years.

North Northamptonshire Council staff were concerned about the standard of building work and said planning permission had not been granted for six storeys.

The authority took High Court action and in late 2023, a judge ruled that Michigan Construction was in breach of planning conditions and building regulations and said the block should be demolished.

During the two-day magistrates' trial, officials for the Health and Safety Executive (HSE) said investigations showed the building was "dangerous" and "could collapse".

Lawyers representing the HSE accused Fielding, and his company, of failing to take steps to prevent danger to the public and contravening a requirement to ensure scaffolding was safe.

They said he had also breached orders barring him from carrying out work on the building.

HSE Barrister Tom Daniel accused Fielding of "putting up every conceivable hurdle" to demolition.

Fielding, the director of Michigan Construction, told the judge he took steps to ensure the building was "safe and secure" and said no-one had been hurt.

He apologised to neighbours for the "disruption" but said he did not have the money to pay for demolition.

"I don't want the building demolished, but, if it has to be demolished, it should be done in a safe way."

Fielding, who indicated that he had moved into one of the flats, said the building was "unfinished".

The judge said the building could "collapse" and cause death, and said evidence showed Fielding had worked on the building in breach of orders.

Evidence also showed there had been a child on site when work was done, he added.

"He carried on doing whatever he wished to that building," the judge said.

"This is a dangerous site."

Fielding was found guilty of three offences under health and safety legislation, and his company was convicted of the same three charges.

He was released on bail and warned he could be given a jail term. Sentencing is due to take place on 21 August.

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