$52,000 Fine For Demolition of Heritage Protected Port Melbourne Home

AN AVONDALE Heights man has been charged $52,000 for demolishing a home in one of Melbourne's most unique inner-city housing estates.

The Melbourne Magistrates Court yesterday fined 66-year old Hodo Zeqaj $45,000, plus $7,500 for costs, for demolishing the 68-year old Port Melbourne house, one of a handful in the estate known as Fisherman's Bend, build by the Housing Commission between 1939 and 1942 after a design competition.

City of Port Phillip prosecutor John Hoey said that as the quality of architectural and urban design was never repeated, the property and others in the estate had heritage, design and development overlays.

He said it's difficult to imagine a more blatant and significant breach of the laws.

The owner of the attached adjoining Barak Road house pleaded with the demolition men to stop, but this was ignored, according to The Age. Two of the men were a son and nephew of the owner, who had arranged and authorised the demolition.

Most of the home at 25 Barak Road was demolished in about 15 minutes, on Sunday June 29, 2008, and before the Council could arrive.

The demolition occurred without a planning permit, or building permit, for a new home.

Defence lawyer Graeme Steart said the owner of the Port Melbourne planned a double townhouse for the site, and decided it was better to "pull it down" and present "a nice clean site to work with".

He said his client was deeply sorry. The court heard the owner arranged paid $5,000 to a Sunshine demolition contractor to do the work, believing the contractor would arrange permits.

The owner has since applied for a planning permit to reinstate the duplex at the front of the block, which is attached to another home. He has also applied to build a two-storey addition to the rear of the new home.

The application is being appealed to the Victorian Civil and Administrative Tribunal by the next door neighbour.

***

CITY OF PORT PHILLIP STATEMENT:

The City of Port Phillip has welcomed the prosecution yesterday in the Melbourne Magistrates Court of one of the people responsible for the illegal demolition of one half of a Port Melbourne duplex.

“The City of Port Phillip hopes that that the fines and criminal conviction awarded against one of owners of the demolished property will deter other people from bypassing planning and building regulations and taking the law into their own hands,” said mayor Frank O’Connor.

“This prosecution should send the strongest possible message to any urban cowboys out there – illegal demolitions and illegal buildings works will not be tolerated under any circumstances in the City of Port Phillip. Saddle up your horse and ride out of town now if you think you can get away with it.”

The court fined owner Hodo Zeqaj $45,000 and $7,500 in costs after a demolition crew 25 Barak Road, Port Melbourne pulled down most of a duplex half in around 15 minutes on Sunday June 29 last year. Mr Zeqaj pleaded guilty.

His wife and co-owner, Zecarija Zeqaj, has pleaded no guilty along with the pair who physically carried out the demolition, their son Kabil Zeqaj and nephew Armin Molla. The magistrate set aside three days for their trial starting July 22.

Cr O’Connor explained that the demolition proceeded without a planning permit and a building permit.

“There is no way the council would have issued a permit for its demolition in any case as the duplex is in an area covered by heritage controls and was structurally sound.”

The first the next door neighbours in the duplex knew about the demolition was when they were rudely awoken on the Sunday morning by the sounds of tiles being removed from the roof of their duplex. A short time later they heard the sounds of a chainsaw severing the roof members which connect the two halves of the duplex. An excavator then arrived on site.

Other neighbours called the council which sent an enforcement officer within ten minutes. However, by the time he arrived most of the adjoining building had been reduced to a pile of rubble. The front wall and a kitchenette at the rear of the building were all that was left standing. Around a dozen angry neighbours were gathered on the street but the demolition ceased only when ordered by the council. Meanwhile, residents had taken digital photos of the demolition in progress and the demolition gang’s cars.

A council building inspector was then called out and interviewed witnesses to the demolition. The following day (30/6/08) the Municipal Building Surveyor issued building and emergency orders stopping all work on the site and requiring the owners to secure all loose building materials and the rear lean-to kitchenette and to weather-proof the party wall between the two properties.

“Amazingly, no one sleeping next door was hurt though the building was shaken by the excavator,” Cr O’Connor said. “None of the demolition crew sustained injury either, despite a lack of safety boots or helmets.”

Neighbour David Duggan who lives two doors away said that it was rude shock to be woken up by a demolition on a Sunday morning, especially without any permits or notification.

“Everyone around here has had had to abide by the rules. Why should these arrogant cowboys get away with it? I hope they all end up with criminal convictions – it might teach them a lesson.”

Mr Hodo Zeqaj has since applied for a planning permit to reinstate the half of the duplex pair at the front using the existing materials (which are still on the property), with a two-storey addition at the back. The council gave a notice of decision on March 17 this year but the matter has been appealed to the Victorian Civil and Administrative Tribunal by the next door neighbour.