More Illegal Building Modifications

Three days after the Building Notice was delivered last week, the back wall of Unit 2 was demolished.

Building then commenced on Unit 1, the closest unit to our boundary. My wife and myself took a two day break starting on Thursday 15th July and came back on Sat 17th July.

As we drove in our driveway, we saw illegal changes made to Unit 1. There were 3 windows on our boundary where there should have been none, the wall of Unit one seemed to extend too far, the kitchen was moved so that we get the lounge on our boundary increasing noise pollution and invading our privacy.

You can see that we still have no covering over our footing, only black plastic, the original reason for the Building Notice last week. Speaking to Peter Ray of Pitt and Sherry who are overseeing this project, tells us that Mehrab-Khani MUST cover our footings, however he can't tell the Developer WHEN to do it! So a midget may need to be found to get in the space, time will tell.

We phoned Peter Ray when we got back on Saturday. Peter said he would come out and inspect the site on Monday morning. On Monday 19th July Peter has a meeting with the Developer. He tells the Developer that due to the illegal modifications he will return that afternoon with a Building Notice (again!)

Meanwhile Mehrab-Khani carries on with the bricklaying till the notice arrives.

Peter Ray emails us back on Monday, telling us the outcome.

In simple terms unit one is not being constructed in accordance with the planning and building approvals and as such I will be issuing a Building Notice.

The main areas of difference are as follows:

·         3 x 600 x 1800 glass block windows in the Southern elevation
·         Relocated kitchen to the north eastern corner of unit and as a result alterations to openings facing into the courtyard
·         Alterations to the entry including a 1.5m high masonry wall.

I have been advised that to some degree HCC planning have been consulted through Chris Potter and that he has been doing plans for submission. However it is noted that there is no guarantee of approval and hence the notice.

So a Building Notice is given Monday afternoon, but building is continuing Tuesday afternoon. I email Ross and Peter again letting them know.

We speak to Peter on the phone (who has been extremely helpful and obliging throughout this process) and he tells us that the Developer wants to put glass bricks into the windows because they are too close too the boundary (and the windows can't be opened!!), and that it would be OK because the glass bricks are fireproofed so that there would be good sound insulation and there wouldn't be any visibility so privacy would be assured.

 But no, we are concerned that this Developer will replace the glass bricks with window glass just before selling the properties. Then we hear from Mehrab-Khani's neighbour Tony Jacobs who tells us that Khani did they same thing on his own property, replacing the glass bricks in the boundary window for glass!!

Bingo! So this morning, Tuesday 20th, we visit the Khani residence at 178 Brisbane Street and take photo's. Indeed, my wife remembers the glass bricks and Tony is prepared to testify in a Tribunal that the glass bricks have been replaced.

New photo's in hand, we email Ross at Council and Peter Ray again, saying that since the Developer changed glass bricks in his own house (as well as more illegal modifications such as seizing 5cm of a neighbours property and putting up a post!), we do not believe he won't do the same here. We want the windows bricked up! Ross says that the application for changes will be considered, and if they are major, it will go to Tribunal again.

Now considering that we fought Council Planning for 2 years over this Development, went to Tribunal and won some concessions, then had problems and intimidation from Mehrab-Khani for another 2 years which forced us to take out a Restraint Order, we now have a situation where a Developer can change the plans on the fly and apply for approval retrospectively if he gets caught! And it's not ending because we may be in Tribunal again. At this point we are getting fed up.


We believe this is grossly unfair and urged Ross at Council to advise who ever was making this decision whether to pass or fail these modifications to send it to Tribunal or reject it.

In fact we feel so strongly about this that if the windows and other modifications are passed, we are going to into Protest Mode. We are already looking to have large banners made, and have been given the names of 2 journalists at The Mercury newspaper.

Update: Just been informed by Peter that the Developer is allowed to carry on with work on Unit 1, but the parts of the unit that are non-compliant must be left as they are until a Council decision is reached.


On the 27th of June we notified Council that the kitchen was in the wrong position because my wife noticed the plumbing was in the wrong place as the slab was poured. So it was intentional to change the kitchen position and put a potentially noisier lounge on our boundary before the slab was poured. Only  2 weeks prior, Engineer Chris Potter sent us section 121 plans--the final version of the plans and all the conditions!

Notice the email above that ***SOME*** alterations had been discussed with Council...Now what I asked Council and Peter was -- did Engineer Chris Potter discuss with Council relocating the kitchen AFTER June 27 when we reported it?? This was after the slab was poured and the plumbing done, and it would have been known long before this date..... because this could imply that applications for approval for changes are sought only after being caught!