Wednesday, June 30, 2010

Floor Slab Joins Our Boundary

Suspecting that Mehrab-Khani has  something to hide and doesn't want photo's to be taken, we email a long letter to Council, Chris Potter and Peter Ray documenting our concern that the floor slab is flush with our boundary, the fact that there are no drainage pits on site at all and a few other issues along with a raft of photo's. We also strenuously maintain that drainage problems will cause extra damp in our walls (which already has a rising damp problem) and would cause more crumbling of the walls.

We hear from Chris Potter on Monday afternoon. He said that they were always going to pour concrete up to the boundary, recall the first email he sent us he says. Also says Chris, drainage is not an issue because the site slopes downhill.

Khani Trying To Put Thumb In Eye Over Photo's

Saturday 26th June at 9.57am I went outside to take photo's of a Boral Concrete truck about to pour the foundations (and also it appears, the floor slab) for Unit 1.
You can see Mehrab-Khani on his way, spoiling for a fight. He stands in front of my camera. I move around him, he stands in front of it again, putting his backside in the way, bending down and gesturing as if to drop his pants.

With 6 or 7 workers around him he gets more and more brazen, shouting out insults and threats at me. He incites the workers.

Mehrab-Khani puts his thumb inches from my eyes gesturing as if to gouge my eye. This is the second time he has done that, the last time in Feb just before I applied for a restraint order.

All this while, I don't say a word! I try to work around him when he shouts twice: "Get off my property!" Standing in the middle of the pavement I realise he has lost it, he thinks he owns the pavement! At that point my wife comes out of our property after watching his antics. We decide to call the Police, the first time I have done so with all the Mehrab-Khani abuse and threats.

I have not documented the final threat as I perceived it from Mehrab-Khani, but put it in the Police Statement. The Police take away pictures, some video and a statement, they are going to see if they can charge him for this behaviour, considering we have a Restraint Order against him.

If charged, it will be the fifth prosecution currently against him.

Friday, June 25, 2010

1 Metre Planting Strip between Car Park And Our Garden--Building Breach?

I have just emailed Ross Willis from Council and CC'd Peter Ray and Chris Potter too. We have concerns that our back garden, which is right next to a 4 spot carpark, needs to have the full 1 metre landscaping strip as per plans so that we have protection of the roots of the Birch Tree as well as offering some protection from noise. Our concern is whether the 1 metre planting zone is being abided with.


The plans indicate a 1 metre stip of landscaping from the beginning of the retaining wall, see above. However, looking over the fence, this is what we see:


The Planning Tribunal clearly state that there should be clearance there to protect the roots of our old Birch Tree as well as to offer some landscaped zone between the carpark and our back yard.


The ruling states that the clearance area needs to be at the satisfaction of the Director of Development and Environmental Services. I have asked Ross to look into this and forward our concerns if appropriate.

NEWS FLASH: Chris Potter turned up to inspect the 1 metre setback 30 minutes later. Peter has just emailed me: "The 600mm high landscape wall is closer than a 1m to the fence as it tapers. Approx 2m is between a metre and 850mm.  Chris Potter has informed the developer that minor additional footings will be require to meet condition 5 of the planning permit. "

Our back windows are tinted and we often take photo's from there. We were watching the inspection  and Mehrab-Khani is furious. He kept looking up at our windows. He realises we can see him. He is walking around absolutely livid. But in reality he should be upset with himself because he is not following the building plans -- yet again.

This was taken from the tinted window moments after Chris Potter left the site.

Thursday, June 24, 2010

Khani Smashes Windscreen--Forced To Pay + Court On Sept 1st

The Bailiff finally caught up with Mehrab-Khani once more. Mehrab-Khani smashed the windscreen of Tony Jacob's car with the side of his clenched fist in February whilst Tony was stationary at a red light at Risdon Street in New Town near K-Mart.

He refused a polite letter requesting payment for $405 for the replacement of the windscreen. This was the 10th occasion that he had launched some form of attack on Tony whilst Tony was driving on public streets. On one other occasion he reached in and seized the keys while the engine was running and attempted to throw them away. They were recovered from him by the Police.


When Mehrab-Khani was served the Summons, he started swearing and then screwed up the Summons and threw them onto Tony's front garden. He filed no Defense and a Judgement was entered by Default, and a Bailiff was engaged to recover the debt.

After initial contact with the Bailiff, Mehrab-Khani made an official complaint to Police that he had not been Served and that Tony Jacobs had made a False Affidavit of Service. Tony had the wit to put the summons in a plastic bag, and when Police wanted to test for DNA, Mehrab-Khani refused to give a sample.

He resisted initial efforts of the Bailiff to recover judgement but eventually paid up after a "walking possession" was levied on his Holden Rodeo FN5014.

His two expensive new vehicles are in his wife's name and she seems to use an L Plate. A Bailiffs life is not easy! He eventually paid the $405 plus $284.50 in costs.

He has been Summonsed to appear in Court on September 1st to plead a Charge of Destroying Property in respect of the windscreen.

Wednesday, June 23, 2010

Engineer Chris Potter Responds....

I emailed Chris Potter who did the plans for the retaining wall. I asked him whether we would get any structural support where the bricks had been damaged and exposed, or if the bricks would be sealed behind a retaining wall.



Chris responded: "The area beside the rubble footing as shown in your photo will be back- filled with concrete when the floor to the unit is poured. As you are no doubt aware a retaining wall has been constructed further along the property which will also be back filled thus ensuring stability of the bank."

I asked another question to clarify.....would the bricks be covered by the cement that would be poured so that they would not be exposed to water?

Chris: "As far as I know the bricks will be covered but I will confirm when I check the finished floor level."

Monday, June 21, 2010

Heritage Notified About Broken Bricks Under Our Slab

Monday 21 June, just received this from Ross Willis of Hobart City Council:

"I will contact the supervising building surveyor to provide information regarding compliance with the protection work agreement. Council’s Heritage officer has been alerted to your correspondence."

Ross has kindly forwarded my email with my concerns to to Heritage and the Building Supervisor.

Documenting The Development -- Khani Wants To Sue Again!

Retaining Wall Dig Damages Bricks

On Wed 16th June I was interstate. My wife Kerrie out to the pavement to take phto's of Gunns Excavation digging so close to our boundary wall that they damaged bricks.
Mehrab-Khani sees here taking photo's and walks quickly towards her in an intimidating manner, he then turns his back and then audibly says, "Bitch."

Not only were bricks underneath our slab broken, but the gig out was so severe that there is a visible hollowing out of soil as well.

Kerrie phoned Ross Willis of the Council on Wednesday afternoon. Ross told her she should phone Peter Ray from Pitt and Sherry.

She phoned Peter. Peter asked who had drawn the retaining wall plans. There was no Engineers name on the plans which concerned Peter, as well as the fact that he (Peter) never received a copy of the plans, which was strange since Pitt and Sherry are involved in overseeing this development. It turns out that the Engineer was Chris Potter.

Peter was sympathetic to our cause, saying that there should have been a name on the plans, and that he would investigate and phone Kerrie back.

On Friday the 18th June a person who I presume was Peter Ray turned up and asked Mehrab-Khani questions in relation to the development. I opened the door and heard him ask why the digging was so close to the wall. I also heard him say to Mehrab-Khani that he needed to have a copy of the plans by the end of the day before he would approve the retaining wall.

I am also wondering about the back retaining wall, whether it has been built properly. On Sunday my wife and myself were outside and clearly heard Mehrab-Khani telling one of his workmen to "push the (broken) bricks back in and smooth it with dirt!!"

I emailed Ross Willis this news today, Monday 21 June, requesting my email be forwarded to heritage. I also emailed Chris Potter saying that the bricks were broken AFTER we received a copy of the retaining wall plans....would there be any other subsequent wall built to strengthen the weakness? I also emailed Peter Ray of Pitt and Sherry. I am expecting him to phone us today.

Peter was quite sympathic and very thorough in his questioning of mehrab-Khani. He told Khani on Friday that if he were a neighbour, he wouldn't understand the retaining wall plans that were sent out to us!

On Monday 21st, there is a loud commotion outside my door. I open it up and see Khani shouting into his phone. I decide to video him from the balcony in case he is talking to Peter from Pitt and Sherry; I wanted to see if there was anything pertaining to our wall.

Mehrab-Khani sees me and has a meltdown He threatens to sue me again
 and then he calls the police. The police arrive and tell him I am in my right to take any photo's I want as long as I am not on his property. They knock on my door and tell me the same thing. One hour later Mehrab Khani is still threatening to go to the Council and his lawyer as he complains about us to his workers.

Monday, June 7, 2010

33 Marlborough St--Planning Tribunal Order

Mehrab-Khani was given until the 21st January to comply with a Planning Tribunal Order for re-vegetation. Tony tells me that still nothing has been done!

Here is the Planning Tribunal order:

Prevention Of Nuisances

The piles of dirt along my fence for close to 6 weeks would certainly qualify as "nuisance" behaviour, before it was all removed in a 24 hour period when Hobart City Council did a site inspection. See below:

Building Protection--Retaining Walls, The Building Code

Tony Jacobs has kindly forwarded me the building code about protection work. There are some interesting bits such as the owner of the development being required to "make a record of all the existing cracks and defects on the property."

I would not like to rely on Mehrab-Khani making a record of properties, hence my prolific photography in this matter, and his attempt (along with his solicitor) to stop me photographing the ongoing development. I believe the more photo's the better, because you never know when they may be needed, such as the 3 year time lapse photo's of the retaining wall bordering Melville St that I sent Jenny and Alistair.


33 Marlborough St Up For Sale.

Lots of happy faces in Sandy Bay....33 Marlborough St has been listed with George Self Real Estate! However, it has apparently been listed before without a sale. The link to George Self's website is:

http://www.georgeself.com.au/property/view/property?id=1763


 A few pics from the brochure with comments from Tony below:



"Photos 5 & 4 show that a large quantity of fill has not been removed but levelled out into 2 terraces. 5 particularly shows the destruction of a sloping  forest area.

Also big posts with some material affixed to them have been erected parallel to neighbours fences & about ½ metre from them as an apparent barrier to any collapsing land fill. 
[I believe such erection to be contrary to Council by laws].

The advert accurately describes that there is a Building Envelope.
It does say that “more information is available”.
It does not make any reference to the Title Condition of  
no vegetation or ground disturbance” without Council authority.

It does not refer to the Order of the Resource Management & Planning Appeal Tribunal that:-
1. All fill is to be removed.
3.That a vegetation management plan for re-vegetation of the property  be submitted to HCC by January 2010 & that,
4.Within 21 days of approval of that plan (the owner) is to carry out the actions recommended in the vegetation management plan."

Retaining Wall - Building Protection Notice

On May 24th I receieved a letter from Ross Willis from the Council, asking me to notify him when I received a letter from Mehrab-Khani and Pitt + Sherry regarding a building protection notice. This is to notify me about proposed protection work on my boundary (the retaining wall.)

On 4th June the letter arrived. "Construct of a low retaining wall (approx 1 metre) along part of the side of the boundary of number 163."

I assume Melville St residents received a similar letter with regards to their retaining wall.
I notified Ross today by email.

This shows the proposed retaining walls.

Updates on 157-161 bathurst Street:

Walls are going up quickly.
Ever since the site inspection from Council, the container door has been left OPEN! He is not worried about the furniture inside because it was removed before the site inspection. It appears he was told about it the day before because he launched into a big cleanup at that time. The question is--in which container is the furniture now?