Throw book at ‘cowboy’ developers

Council call as demolition man fined

THE Hobart City Council will pursue the State Government to impose tougher penalties on “cowboy” developers who deliberately break planning laws, including reinstating a ban on developing a property for up to a decade.

Darko Krajinovic, 32, of West Moonah, has been fined $225,000 in the Magistrates Court in Hobart for illegally demolishing his heritage-listed Mount Stuart house.

He pleaded guilty this year to nine 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.

Yesterday, Magistrate Simon Cooper described Krajinovic’s actions as a flagrant and deliberate breach of the law. He said Krajinovic had a prior conviction for failing to comply with an industrial commission order.

“This could be seen as an indicator you have a general disrespect for regulatory compliance, which you so spectacularly displayed in February,” he said in sentencing. “The penalty imposed needs to be enough to deter anyone else from flouting, with utter contempt as you did that day, planning laws.”

Krajinovic’s penalty included $205,000 for breach of planning laws and $20,000 for breaching OHS regulations in relation to asbestos disposal. The maximum fine he was facing was about $350,000.

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

Amendments to the Land Use and Planning Approvals Act meant the council was not able to apply for an order banning Krajinovic developing the property. There is a demolition application before the council for what remains of the house.

The court previously heard Krajinovic intended to build four townhouses on the site. A report by valuer Opteon found the indicative market value of the property — which was bought last year at auction for $445,000 — if it was subdivided and four units built on it would be about $700,000.

Krajinovic was also ordered to pay the Hobart City Council’s costs, which are expected to be about $40,000.

HCC general manager Nick Heath said the council was pleased with the outcome, particularly that ratepayers would not bear the court costs.

“Mr Krajinovic’s actions in destroying his property and removing heritage-listed trees are unacceptable and were an act of blatant destruction with no regard for the safety of others,” he said.

“This case should serve as a strong warning and a deterrent to anyone seeking to ignore their responsibilities. We’ll have some strong discussions with the Government about toughening the legislation to make it even harder on developers who blatantly breach the law around demolition and development in the city.”

Lord Mayor Sue Hickey said “cowboy” developers had been put on notice.

“I think this developer has been a reckless idiot to be quite frank, so we need to make sure he’s well and truly punished and he’s made an example of.”