The developers who illegally demolished Carlton's historic Corkman Irish Pub – and then promised to rebuild it – are suing Planning Minister Richard Wynne in a bid to allow high-rise construction on their site.
A win in their Supreme Court case would lift the value of land they bought in 2015 for almost $5 million to upwards of $10 million.
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Historic Carlton pub illegally bulldozed
Corkman Irish Pub opposite Melbourne University's law building has been demolished after being sold to a local developer for $1.56 million above its reserve in 2014. (Video courtesy: Francisco Ossa)
Stefce Kutlesovski and Raman Shaqiri paid $4.76 million for the 159-year-old pub two years ago.
They demolished the two-level hotel without permission on a weekend last October and now face fines totalling up to $2 million.
As a series of legal cases against them work their way through the courts, the pair have launched their own action against Mr Wynne.
They want the court to overturn planning rules Mr Wynne placed on their site after they razed the pub.
The rules dictate that any replacement building must "restore and reconstruct in facsimile the building … as it stood immediately prior to its demolition in October 2016, re-using materials from the demolished building where practicable and safe to do so".
Their legal action, lodged this month, comes despite Mr Kutlesovski and Mr Shaqiri having last year written to Mr Wynne apologising for their "regrettable course of action" and promising to rebuild.
"We will rebuild the building at our expense," they told Mr Wynne two weeks after the demolition.
In their bid to overturn Mr Wynne's ruling, the pair say their demolition "received extensive media coverage". They argue Mr Wynne acted with an "ulterior purpose" of seeking to punish them – implying he did so for political purposes.
The pair also argue that forcing any proposed replacement building to be "faux heritage" is too harsh a penalty and was also not a good planning outcome.
They point out that the building they demolished was of "relatively low heritage significance".
And they say Mr Wynne failed to give them an "adequate opportunity to be heard" or to "observe the rules of natural justice".
If the pair are successful, a 40-metre height limit will be restored to the site – allowing a building of up to 13 levels. Such a site, one city real estate agent said on Thursday, would be worth upwards of $10 million.
Soon after the demolition, a preliminary drawing by CHT Architects emerged for a 12-storey apartment tower the pair were planning on the Carlton site.
A spokesman for Mr Wynne said he would defend the Supreme Court case. He also said "Victoria's heritage must be protected from rogue developers who flout the regulations for financial gain".
"The developers who illegally knocked down the Corkman Irish Pub have given assurances they'll rebuild the building at their own expense and the minister expects that they [will] keep their word," the minister's spokesman said.
The latest court challenge comes on the cusp of a separate Victorian Civil and Administrative Tribunal case Mr Wynne has launched seeking an order forcing the pair to rebuild. The pair are also resisting that, despite their earlier promise to rebuild.
It is understood former Supreme Court judge Stuart Morris is acting as one of the pair's barrister. He could not be reached for comment on the case. The Age also approached St Albans solicitor Jamie Griffin who is representing the men. He did not respond.
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