Monday, May 28, 2012

Lord Mayor Vows Quick Action Against “Uncooperative” Khani

Answering a series of questions at a Council Meeting earlier this month about Khani’s land at 33 Marlborough St, Sandy Bay, new Hobart Lord Mayor Damon Thomas said the Council had “expended considerable resources…and intends to expend further resources to bring about compliance with the Order which it sought from the Resource Management and Planning Appeals Tribunal”.

He labelled Khani “an uncooperative property owner”, said that the scope of works had been finalised and that tender documents for what is a “complex compliance action” were currently subject to legal review. 

He expected that review to be complete this month when tenders will be called.

He went on to promise that “works will commence as soon as possible after the awarding of the tender”


This saga and the stress, property damage and inconvenience for neighbours has been a long one. 

Khani bought this large block of land at the top of the Sandy Bay subdivisions in Feb 2007. 

It is 8,565 sq m but, like 2 nearby blocks, has a condition on the Title that apart from a building envelope (of about 600 sq m) “that no vegetation or ground disturbance is to occur”.

The land had natural bushland and adjoins a Council bushland reserve.

Soon after purchase Khani bulldozed the whole block shoving the trees and plants into the Council reserve. He cut away some of the slope and had a large quantity of fill dumped on it all, raising the level considerably.

The several neighbours below then had a huge gravel mound close to their back fences and feared that any collapse would engulf their homes. 

They were and are justified in their fears. Dr J.P.Cummings an geo technical expert engaged by Khani at the insistence of The Planning Tribunal reported that “the site fill poses a medium risk to life and property in its present state”.

Subsequently after any heavy rains neighbouring garages and basements were flooded. He also illegally constructed an access ramp.

Khani told one complaining neighbour that it was all the fault of the man he’d engaged to put the fill there. Khani boasted to other neighbours of tennis courts and a swimming pool to be built.

He once applied for a permit for a 12 car garage and parking area.

The Council made an application to the Resource Management and Planning Appeal Tribunal in respect of the illegal activity. Khani then made an application for retrospective approval.

 The Council approved some of the work but not most of it and imposed conditions. Khani then appealed to the Tribunal.

In their decision of 1.7.2009 in respect of Khani’s Appeal, the Tribunal described “a protracted and tortuous process” (presumably what we’ve seen from Khani in other Courts and Tribunals-failing to appear, requests for adjournments, feigned illnesses,etc).

The Tribunal noted that Khani filed no evidence or any material at all.

The Tribunal upheld the Council decision with a couple of minor amendments. On 16.7.2009 the Tribunal dealt with the adjourned Council application in respect of the illegal work. It Ordered that within 6 months, Khani was to:-

-remove the fill,
-reinstate any excavation works,
-submit a revegetation plan and carry it out when approved by the Council.

The Tribunal held that the Council was right to be concerned about soil instability and right to be concerned about the management of weeds on the site. For most of the 3 years since the property has been a source of weeds, especially Scotch Thistles blown over a large part of Sandy Bay.

Khani was later Ordered to pay the Council’s legal costs at 90% of the Supreme Court scale. (doubtless a princely sum) 

The 6 months leeway ran out in Jan 2010 so it is nearly 2 ½ years since the time Ordered and about 5 years since this illegal work was done. Now, finally the Lord Mayor is promising finality.

Khani has since tried to sell the land and it’s currently listed with Falls Real Estate. It’s most probably not worth the “offers over $750,000” being asked but it’s value on top of his other real estate holdings would bring a sizeable annual Land Tax bill.

That’s on top of the interest to ANZ which has a mortgage over it so his holding costs would be high.

Land Tax is levied on total property ownership.Mr Khani’s Land Tax bills rose a couple of years ago when the authorities became aware that the person owning some properties under the name “Khani” and the person owning some properties under the name “Mehrab-Khani” were one and the same, and combined the two. 

So Lara Giddings our Treasurer has something to be happy about.

One would assume that:-
-we’ll soon see the Tender requests in the Mercury,
-fairly soon see the work done,and
-then see a Writ issued in the Supreme Court  by the Council against Khani for the costs of rectification and legal expenses.


Below are the photos by Lucy Handsjuk tendered by the Council at the Resource Planning Appeal Tribunal to show the devastation wrought on this land required to be maintained in native vegetation.















Tuesday, May 22, 2012

Khani Creates Another Excavation Victim.

Following the death last year of Mrs Rita Thurley her property at 165 Bathurst St is empty and has passed to her Trustees with plans  in hand to sell it.

Her land has the considerable slope where Melville St moves to Bathurst. That slope is easily seen in Barrack St. Mr Khani has now excavated very close to her Eastern boundary at the rear of her property.

The result is that part of her fence is likely to soon collapse and with heavy rains some of her rear garden is likely to follow.

Mr Khani made a similar, albeit deeper, excavation near his nearby rear boundary about 2 years ago. That had the result of collapsing the rear of the land of Melville St residents A & J Home and they did fear for their residence.

That led to a Council prosecution on 2 charges under the Building Act (see below) for it's unlawful to take away such natural support. Mr Khani pleaded Guilty. Both he and his Engineer Mr Potter told Magistrate Rheinberger that he was not aware of this law.


Hobart Council have been advised of his recent actions. If prosecuted we'll see if he claims ignorance again.

The Council are not responsible for the repairs. The Insurers of the Melville St property are currently repairing that damage at a cost of over $100,000. They are expected to sue Khani for that sum, the law of Nuisance making it quite clear that he is responsible.

Rita Thurley's Estate will have to take their own action. In each case speed could be important considering Khani's many claims that he is planning to leave Hobart and his recent unsuccessful attempts to sell at least 5 properties.

The excavated area is seen in the photo below. Part of the work on the Melville St retaining wall can be seen at the right.





Monday, May 21, 2012

Another Travel Site Posts Damning Harrington 102 Reviews

AGODA a large Asian site has 3 recent reviews.

A Finnish couple complained on March 25th 2012 that they booked on line and duly arrived with their baby only to be told that the establishment had not been informed, that they didn't accommodate babies and that the Khani's wanted them to leave without refunding their money.
Fancy Mr  Khani not wanting to give someones money back to them, or to not pay money due to someone!!!

The Finns point out that there is nowhere on line on the "hotel's" site to list the baby. They add that it was "cold, noisy and unfriendly" ,that it made them "unhappy" and that it "ruined our stay in Hobart".

Aren't there laws in this country about discrimination against mothers?

Another disappointed International tourist Mr J.Srdjan complained on April 9th this year that it was "the worst hotel that I have ever been in" and added that it was "very, very disappointing" and "must be closed".

Of course these reviews should not surprise considering what is on Trip Advisor and that Harringtons 102's own web site somehow has 3 reviews attached to it which respectively say:-

- We were charged credit card fees without being warned.The room was very small.
- We got no help from the staff. Avoid it at all costs.
- WARNING-The bathroom supplies are below the standards of an outback truckies rest stop. Try first the Police Cells. If you have no other choice in Hobart-go to another city or Overseas.



Repeat-these 3 reviews are annexures to Harrington 102's own web site.

We hear so much about the problems of the Tasmanian tourist industry. 
How much harm is done to us all when visitors to our city suffer these experiences?