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Phuket authorities swarm over the 70-million baht White Box at Kalim today

UPDATE Phuket White Box Restaurant Owner Ordered to Demolish, But Says He'll Fight in Court

Tuesday, July 29, 2014
UPDATING All Day, Every Day

WHITE BOX owner and Watermark brand CEO Roberto Ugolini said on Tuesday night that he would pursue the issue of the legality of his restaurant through the courts, defying an Army order to demolish parts of the building within seven days.

Original Report

PHUKET: The Army and Phuket authorities said today that the landmark White Box restaurant on a Phuket beach shorefront will be reduced to a single level within seven days, by agreement with the owner.

But when informed of that arrangement, the owner told Phuketwan by telephone from Bangkok: ''Bull****.''

Italian Roberto Ugolini said he finalised a deal to buy the premises just two months ago for 70 million baht and that he had done due diligence and he had all chanote land titles and permits for owning and operating the building.

During a two-year period under an MoU with the original owners, he thoroughly checked every facet of the legitimacy of the White Box, Mr Ugolini said.

A delegation of officials descended on the White Box, on the shores at Kalim, north of Patong, today and said they obtained the signature of a manager on a document. The manager said he would contact his boss.

But today, Mr Ugolini indicated that he would not reduce his property to a single storey because he had been very careful to obey the laws of Thailand at every turn.

He said he had bought the White Box from Englishmen Steve and Roger, and was very careful to check everything about the building, which went up in 2006 and became a favorite haunt for many Phuket expats and dignitaries from Bangkok.

Phuket authorities are also likely to encounter some objections from the operators of the popular beach clubs and restaurants along the shorefront of Surin beach that the authorities have now ruled must all be demolished within 60 days.

Today, Mr Ugolini agreed that a channel beside the restaurant that he had built over remained public land. He said he spent 500,000 baht covering the channel to clean up the area, but it remained a public place.

''When I requested it, Khun Pian [Keesin, former Mayor of Patong] approved it.''

The White Box rises up three stories but Mr Ugolini says the top floor is merely covered with fabric, not concrete, and is not a permanent fixture.

He said he discussed the third floor with local authorities and they accepted that the fabric cover was not a permanent fixture.

With 70 million baht riding on what happens next, Mr Ugolini does not seem likely to follow orders without a fight.

''I am not afraid,'' he said today.

When told of the apparent deal to demolish all except the ground floor, he repeated: ''Bull ****. There is no agreement.

''I have never met the general. I have never met the new mayor.

''The villa next to me is in a similar situation and if they cut us down, they will have to cut down the villa, too.''

Among officials at the White Box today were the Army's Major General Somchai Ponatong, who recently told all the island's police to apply 100 percent enforcement, Vice Admiral Petchartat Tienanjan, Kathu District Chief Saiyan Chanawong, and Patong Mayor Chalermlak Kebsub.

A smaller number of officials turned up at the White Box last week but there was no response to their knocks. It is believed Mr Ugolini was in Europe but is now on his way back to Phuket.

Restaurants and beach clubs all along Phuket's west coast have been demolished or ordered to close in the near future.

Patong, Surin, Kata, Karon, Kamala, Nai Yang, Nai Harn and other beaches will all look very different this coming high season after authorities banned sunbeds and umbrellas.

In other moves aimed at transforming Phuket from a troubled island to a tourism paradise, police and the Army have cracked down on extortion and intimidation among tuk-tuk and taxi drivers.

Reforms are to continue.

Comments

Comments have been disabled for this article.

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"He said he had bought the White Box from Englishmen Steve and Roger"

Along with some beans apparently.....

Posted by phonus on July 29, 2014 13:14

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Good on the owner - about time someone took a stand - i expect many more to follow

Posted by Ciaran on July 29, 2014 13:42

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Italian Roberto Ugolini looks to be the full owner of the land and the building with a big chance he has Thai nominees as the 51% shareholders to look legal.
He want to deal directly with media and government agencies without asking his Thai partners to fix the problem; therefore he may be in problem and lose all if he want to fight front head first against the civil servants.
Many foreigners do not understand that it is time to be by the law if they do not want to be kicked off Thailand without a warning.

Posted by Whistle-Blower on July 29, 2014 13:44

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Think the autoritys are coming at this situation from the wrong angle really and they are going to create such ongoing uncertainty that investment involving property in Phuket in particular and Thailand in general will dry up completely.

The problem started with large scale corruption in the land and local goverment offices over an extended period of time, yet still no arrests or prosecutions really to been seen there nor anything that really says it's still not ongoing. Yet people, with what are for intents and purposes seem like legal deeds and permits (few expect a real deed/permit to be illegally issued by gov.) are losing investments worth millions, even if they had no involment in the original corruption.

At the moment, in Phuket it could be fairly said no ones property is safe (unless 'connected') regardless of whatever due diligence they might have done or the documents they might hold.

Hard situation for new authorities really as they will be damned if they do, damned if they don't, but this hap hazard way of just targeting semi random buildings (connected people don't seem to get touched) without not only fixing the system and punishing the officials that broke the law will just mean no one will touch thailand with a barge pole, unless they like to risk everything on a gamble.

I would suggest they send someone over to Spain, Costa del Sol as they went though nearly identical situation (corruption in local gov, illegal deeds/permits issued, illegal encroachment on the beaches, then sudden 'clean up') over the last 15 years to learn what to do and just as importantly what not do (massive property slump there due to uncertainty the situation created)

Posted by Lashay on July 29, 2014 13:52

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''When I requested it, Khun Pian [Keesin, former Mayor of Patong] approved it.''

===

I afraid if that is a definition of law, on which he relied during due diligence, it would not state Army hammers and buldozers.

Posted by Sue on July 29, 2014 14:15

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Mr Ugolini says he did due diligence to verify the legality of The White Box, but he seemed to have overlooked the very simple fact that you cannot legally build any structure that close to the sea.

His (company) ownership of the land may be valid, but the building permits are not.

Posted by Simon Luttrell on July 29, 2014 15:02

Editor Comment:

As Mr Ugolini says, if the White Box is under scrutiny then other places along the Patong rocks should also be checked.

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And following the demolition of the upper stories, I wish the authorities would investigate the discharge of sewage from this place into the ocean. All of these buildings on the foreshore, as well as the resorts on the hills along the north end of Kalim Bay should be investigated and verified that they do not discharge sewage into the ocean. Currently, the ocean often stinks like sewage which also represents a health threat.

Posted by Ed Sanders on July 29, 2014 15:48

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Buyer beware. I'm guessing Steve and Roger will not be available for comment! Anyone else surprised Pian was involved?

Posted by Mister Ree on July 29, 2014 15:53

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@WB - you make alot of assumptions there for a guy who knows nothing about the situation.

Posted by Ciaran on July 29, 2014 16:06

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"transforming Phuket from a troubled island to a tourism paradise" But only for tourists who swim, sunbathe and lie on the sand in full sun all day. Not for those tourists who do not, nor who go out in the evening to watch the sun go down as they drink and dine. So empty beaches at night and no tourists spending their money. I welcome less beach brollies and loungers but to ban ALL is a sledgehammer to crack a nut. Many other countries license people who rent out sun loungers. Serving food and drink near a beach is part of the reason many people go to the beach in the day and the evening.

Posted by Lyn on July 29, 2014 16:15

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"At the moment, in Phuket it could be fairly said no ones property is safe "
All properties are safe, provided they are not built in a national forest, not built on the beach and are not built tool high.

As WB said, I think he would be wise to not speak for himself in this case.

Posted by stevenl on July 29, 2014 16:27

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"Phuket authorities are also likely to encounter some objections from the operators of the popular beach clubs and restaurants along the shorefront of Surin beach that the authorities have now ruled must all be demolished within 60 days."

Ed this is a different situation, these guys are on public land without a "legal" title - this guy alleges he has legal title - in my opinion he has a genuine right to feel aggrieved, the other clubs you mention have profiterred privately from illegal occupation of public land for years - their luck has just run out.

Posted by Terry on July 29, 2014 17:04

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My wife bought land with a chanote in Phang Nga in an area reserved for agriculture, of course my main concern was that, not only based on the existence of the chanote, the whole acquisition was legal .. I don't believe that someone can buy a property in Phuket so close to the sea without any doubt regarding its real legality.

Posted by public land defender on July 29, 2014 17:22

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Some places on Phuket do have a zoning regulation. And also a building restriction for buildings within 25 Mtr of the "High-tide marker-Line"(?)
No one in "City Hall" could (read: wanted) ever give me / my company/ my customers/ my guests the way or methode used for this "measuring". Angles and heights can get huge differences in given meters. All officials were willing to "defend" my intest in case needed! Navigators seem still to be unknown in Thailand.
That is why a LOT more on this Island should be checked. Not many people are able/willing/want/need/..etc. to check Land_officials.
Or check wrong doings and irregularities with licensing.
From reliable sources and from personal experience I do know that "city-hall" and measurements can be "influenced" or can be under negotiation.
Quiet a few times "officials" assured me (but never were willing or able to guarantee me anything in writing!) that heights and distanceses, way of constructions were within the regulations.
I'm currently glad Not to have invested in these cases. Because I know by know I would have been F.....d financially or ownership-wise. For me I keep hoping that all irregularties from officials (bribes) will be scrutinesed.
Some BIG Guys will be silenced then. They have been using their protection, fatherly, family protection way to long and far to often... They caused so much damage with their personal in trestle and greed.
It is time we were offered a secure way to express our grieves and complaints.
But as long I still have to say what happene or Who HIT me on artival of a Hospital & to file a complaint FIRST with The police before I will be allowed to get medical help I call this country in need for Changes. The one Who Hit was so Big! His Family "Ordered" the Local police. This guy is so Big. You still call him so.

Posted by phuketgreed on July 29, 2014 18:44

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Up until this week the armies activities related to encroachment of public land. Now we are moving onto enforcement of building code. The owner has the right to ask "what about them" given it only a few weeks ago that the new mayors hotel was highlighted for building code violations by ex-beach vendors. Extremely worrying that the army erroneously report the owners consent.

Posted by todd on July 29, 2014 22:10

Editor Comment:

The new mayor's hotel? Mayors have no business interests. The Army's activities have been broad an all-encompassing. The owner certainly has the right to complain if his premises are legal. But leave the reporting in future to professionals, please.

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Ed- The complaint was made by Suriya Sinsoke on the 10th of July in relation to a 5th & 6th floor being added to the Baan Laimai Beach Resort owned and operated by the mayors family.

Posted by todd on July 29, 2014 23:07

Editor Comment:

The mayor has divested herself of all business interests. That's an issue for her family. As you know, individuals cannot be held responsible for what members of their families do. Nothing to do with the mayor.

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Ok, the White box has been there forever. What about the Nikki Beach Club next to the park reserve Layan beach. How much and who did they pay to be able to build this loud, obnoxious and ugly club right next to a beach reserve. Why is the army not looking into this problem? White box is a quite, nice restaurant.

Posted by johnie on July 30, 2014 00:09

Editor Comment:

Nikki Beach Club is legal. White Box may be legal, too. Eight years is not ''forever,'' except in extremely bad relationships.

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Editor Comment:
Mayors have no business interests.

Are you OK, Ed? Because that remark needs explaining.

You may also find the Patong mayor in the news for other reasons, very soon.

Posted by Smithy on July 30, 2014 01:32

Editor Comment:

Mayors all over the world divest themselves of business interests. Otherwise they would be struck out by electoral commissions. Efforts will certainly be made by critics to connect mayors to business interests, and susceptible folk will always choose to believe the tale-tellers and the scaremongers. If you know something nobody else does, Smithy, spit it out.

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Wish him all the best for his battle and hope the place can stay and let many residents and visitors enjoy sunset and dinner on the beach. One of the reasons why being in Patong !

Posted by Resident on July 30, 2014 07:10

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@resident - totally agree with you on this one. I have read elsewhere he is taking them to court. Good for him - drag it out a year or so till the army is gone and he will be just fine.

Posted by Ciaran on July 30, 2014 08:22

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I'm as surprised as you Mr Ree

Posted by scunner on July 30, 2014 09:08

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""Nikki Beach Club is legal. White Box may be legal, too. Eight years is not ''forever,'' except in extremely bad relationships.""

hahahaha love that one....

Posted by frog on July 31, 2014 11:34


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