Mercury (Hobart)

WRECKED Fines but no ban for demolition

- JESSICA HOWARD Court Reporter

A MAN who illegally demolished his heritage-listed house at Mount Stuart potentiall­y faces significan­t fines, but will not be banned from developing the property in the future, a Hobart court has heard.

Darko Krajinovic, 32, of West Moonah, pleaded guilty in the Magistrate­s Court in Hobart earlier this year to eight counts relating to the unauthoris­ed demolition of the house at 55 Mount Stuart Rd and the cutting down of two heritage-listed trees.

On February 26, the unauthoris­ed works on the property resulted in asbestos in the roof being disturbed.

Electricit­y was still connected while the 1885 weatherboa­rd house was almost fully knocked down.

The case outraged residents and community leaders.

The court heard yesterday Mr Krajinovic and his partner bought the house at auction for $445,000 in September last year.

Both signed auction condition documents which explained the house and trees would require a permit for any work, particular­ly due to their heritage status.

Hobart City Council’s lawyer David Morris also said the auctioneer on the day warned potential purchasers about the presence of asbestos.

Concerned neighbours raised alarm bells as Mr Krajinovic and three others set about cutting down the heritage trees and demolishin­g much of the house and outbuildin­gs with an excavator, with live power lines exposed and asbestos disturbed.

The court heard a neighbour spoke to Mr Krajinovic about his actions and he replied: “I’m sick of everyone telling me what to do — everyone is taking up my time and I would have had this all done by now. It’s my place and I can do what I want.” Mr Morris said Mr Krajinovic was motivated by profit as he wanted to build four townhouses on the property. He said amendments to the Land Use and Planning Approvals Act came into force on February 1 and the council was not able to apply for an order banning developmen­t on the property.

Consequent­ly, the council’s only option was court action, with the council pushing for the maximum penalty to be imposed on all eight counts, which would total about $320,000. The council will also push for Mr Krajinovic to pay its court costs.

Mr Krajinovic’s lawyer Don Armstrong said the father-offive was self-employed in property maintenanc­e services. He said his client’s actions were out of ignorance, but he

I’m sick of everyone telling me what to do … It’s my place and I can do what I want Neighbour tells court of DARKO KRAJINOVIC’s reaction when challenged over his demolition

accepted this was no excuse.

“It has cost him dearly — he is not a wealthy, experience­d developer — he is just a family man trying to do his best for his family’s future,” Mr Armstrong said.

Outside the court, Mount Stuart resident Graeme Wells said he would like to see the developmen­t banning provision reinstated in the LUPA Act.

Planning Minister Peter Gutwein said the changes had been made under the previous government in 2013.

Magistrate Simon Cooper adjourned the matter for sentencing next week.

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