Barry Robertson vows to sue whoever order Deep Creek shack demolition

An Adelaide grandfather whose beloved family shack was demolished under mysterious orders has been given permission to rebuild — but with a big catch.

An Adelaide grandfather says he will sue whomever ordered his shack be demolished to recoup costs, after he was given permission to rebuild – albeit with a significant catch.

And a neighbouring landowner, who denies being behind the shack’s demise, says he has been bombarded with abusive messages including threats of violence.

Detectives are investigating who destroyed the humble clifftop shack, on Crown land at Deep Creek, which Barry Robertson’s family has enjoyed as a holiday home for almost 60 years.

Mr Robertson, 65, of Underdale, is awaiting a quote to rebuild the 1934-built shack, after authorities said he could construct a modern building if done within three years.

Officials at the Environment Department’s Crown Lands Program wrote to Mr Robertson after the June 6 incident, revealing his legal right.

Barry Robertson with a picture of his shack at Deep Creek. Picture: Brenton Edwards

“However, this principle does not entitle an owner to replicate the existing dwelling using the same materials as before,” the department wrote.

Under 2018 laws that gave people with shacks on Crown land more rights, they must upgrade them to meet modern safety, amenity and environmental standards, including building and wastewater codes.

Mr Robertson, a father of four and grandfather of eight, said he would sue whomever ordered his shack be demolished to recoup costs, expected to hit the hundreds of thousands of dollars.

“I am going to rebuild, I am just waiting on a quote,” he said. “I’m still pretty peeved off with it.”

SA Police is investigating both the destruction of Mr Robertson’s 12sq m, one-­bedroom shack and a neighbouring shack, owned by a syndicate of eight, that was partially demolished.

Property records show US-based real estate agent Julian Galbraith Johnston bought adjacent private land near Talisker Rd, Deep Creek, for $900,000 in July last year

US-based real estate agent Julian Galbraith Johnston. Picture: Julian Johnston/Instagram

Mr Johnston, 48, a luxury property agent of Miami Beach, wants to build a $2m house next door as a family gift.

The Florida-based celeb­rity realtor, a father of four originally from Adelaide, said he was bombarded with abusive messages, including threats of violence, after Mr Robertson went public about the demolition.

Mr Johnston denies wrong­doing, or ordering the demolition of shacks. He has previously said they were illegal.

He said trespassers have damaged his property including locks on his gates.

“I just want to say there’s no vehicle access to the tin sheds (the shacks),” he said. “To drive there, you have to cut the padlocks on my gates.”

He said he had received scores of “abusive” messages but was forced to take down a social media post after contact from Mr Robertson’s lawyers.

Mr Robertson denied trespassing.

He said he last month bought a $75,000 silver HiLux ute so he could bypass Mr Johnston’s property to get to the area where his shack had been.

Locals, he added, were rallying but he told all family and friends to not comment online.

Yankalilla Council chief executive officer Nathan Cunningham said the shacks owners had paid rates “for several decades”.

“As the demolition is quite recent, the current owners are understood to be considering their options and our team is looking forward to providing advice on the process going forward,” he said.

Barry Robertson‘s Deep Creek shack.

The issue of shacks on Crown land has dogged state governments for almost 50 years after hundreds of basic buildings were constructed during the Great Depression.

In April 2018, the former state Liberal government issued a moratorium that gave families greater certainty by giving lessees more rights to keep their properties.

While Mr Robertson has no lease, he is considered to have legal tenure as his shack has been there almost 90 years and he pays council rates.

Former upper house MP and valuer general John Darley, who fought for the law changes, said: “There’s a lot of people who don’t like shacks because they don’t have one themselves.”

Originally published as Barry Robertson vows to sue whoever order Deep Creek shack demolition