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Cowboy developers thumb noses at planning minister, fight order to rebuild pub

The developers who illegally demolished Carlton's Corkman Irish Pub and then promised to rebuild it, are fighting an Andrews government reconstruction order.

The developers had told Planning Minister Richard Wynne they would reconstruct the 159-year-old hotel they destroyed without a permit last October.

But they have now told the state planning tribunal that "no minister acting reasonably" can compel them to replace it.

In an about-turn on their promise to rebuild the historic pub, the pair have filed a statement of grounds with the Victorian Civil and Administrative Tribunal. In it, they reject outright Mr Wynne's order to rebuild.

Stefce Kutlesovski​ and Raman Shaqiri​ bought the Corkman Irish Pub in 2015 for $4.76 million.

Despite having no permission to demolish the pub, which was inside a heritage overlay, Mr Shaqiri's Shaq Demolitions knocked down the building. Waste from the pub, including asbestos, was dumped on a site the pair owns in Cairnlea.

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After the demolition, plans emerged for a 12-level apartment tower the developers were considering for the site.

After a significant public backlash, Mr Wynne sought an order at the state planning tribunal for reconstruction of the pub within a year. He also sought legal costs from Mr Kutlesovski and Mr Shaqiri.

The same day Mr Wynne filed his order, the developers apologised for knocking the pub down and promised to restore it.

"We will rebuild the building at our expense," they wrote. "We will willingly enter into the appropriate enforceable undertaking."

But their first legal filing in response to Mr Wynne's order application says the opposite.

"The orders that are sought are vague, imprecise and incapable of being complied with," lawyers for the pair wrote.

An order to rebuild would be "oppressive", they said.

They also question the heritage values of the pub they demolished, saying it did "not merit the restoration of the building", although they concede some of the facade may merit reconstruction.

Alongside his tribunal action, the planning minister also changed the laws for the Leicester Street site, banning anything but a two-storey building being constructed there for two years.

The developers have questioned his ability to do even that, saying Mr Wynne had acted to "punish the respondents".

In doing so, Mr Wynne acted unreasonably, lacked "an intelligible justification" for introducing the laws, and failed to take into consideration the economic effect of his actions. The pair also seeks legal costs from the government.

The Age contacted Mr Shaqiri on Monday, but he did not respond. The solicitor acting for the developers, Jamie Griffin, said it would be inappropriate to comment while the case was before VCAT.

After the Corkman's demolition, the government introduced tougher financial penalties and jail time for illegal demolition.

Mr Wynne's spokesman said the "rogue developers" who had knocked down the Corkman had given the minister an assurance they would rebuild, at their expense. "The minister expects the developers to follow through on their undertaking," Mr Wynne's spokesman said.

The hearing into the pub's reconstruction order continues next month.