The unauthorised structure resulted in formal action from the council’s building control and planning enforcement teams, supported by the Health and Safety Executive (HSE).
A three-day trial concluded with the court granting an order compelling the developer to arrange for a specialist contractor to demolish the building down to the ground, to be completed by 28th February 2024.
The court ordered that Michigan Construction needs to pay for the demolition.
NNC were awarded costs and will be seeking to recover their costs incurred in the proceedings from the developer, Michigan Construction Limited.
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Due to the current unsafe nature of the building, a cordon has been in place around the site since June 2022 in the interest of public safety.
Cllr David Brackenbury, the council’s executive member for growth and regeneration, commented: “We are pleased that the court found in our favour, and we will continue to monitor the situation to ensure that the developer follows the orders set out by the court.
Cllr Jason Smithers, leader of the council, added: “We simply cannot permit unsafe construction that breaches planning permission to be allowed — it is unsafe for our residents and it’s a blight on our town centres.
“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.
“I’m delighted that the court has found in our favour — and I hope it sends out a warning to cowboy constructors who think they can cut corners.”