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.