Council’s director of community environment and planning Anthony Basford said considerable effort had been put into the legal side of the sale to ensure the facade and laneway access was protected. 

In moving the motion at yesterday’s meeting to sell the building, councillor Sharon Tapscott said it was about keeping the building for Eden and keeping the heritage.

Mayor Kristy McBain said it had been a long process, one that started prior to the election in 2016.

“We have to acknowledge Eden’s Australasia for lobbying and ensuring the building was put on the heritage list. The contract and side deed really does encapsulate all of the things council has put on the developer and into the future,” Cr Kristy McBain said.

Sydney law firm Lindsay Taylor has worked with council to prepare the contracts, which include timelines for when work must begin and an end date for all development. A covenant has been placed on the property that will apply even if it is sold by Irisha and Rubycove.

In 2016 council previously agreed to spend a maximum of $1million on the hotel, $550,000 to buy it and $450,000 for renovation of the facade and tidying up the site.

Australasia campaigner and president of Eden’s Australasia Peter Whiter said the group felt very disappointed by the sale.

“We feel council is the best organisation to work on the hotel, but that didn’t mean the ratepayers had to pay because there are grants available; we’re disappointed for Eden.”

However, Mr Whiter conceded the group’s main goal had always been to ensure the facade was restored.

BVSC general manager Leanne Barnes said her negotiations with Irish and Rubycove had shown them to be “committed to and focussed on reinvigorating the site”.

“Council has also taken a number of performance bond actions to encourage surety for the community through the restoration phase,” Ms Barnes said.

“Now 112 years old and listed as a heritage item under the Bega Valley Local Environment Plan 2013, this building is an absolute Eden icon, with the ongoing community interest showcasing this perfectly.

“It will be just wonderful to see it return to its former glory in the near future – the Eden community absolutely deserves that.”

Performance bond actions to mitigate risk with regard to the sale include successfully listing the facade and front portion of the building on the Local Heritage Register, surrendering the previous owner's approved development consent to demolish the building, obtaining a new development consent to restore the facade and other key heritage elements of the building

Legal advisors prepared a list of special conditions as well as a side deed to be annexed to the contract for sale to ensure that restoration milestones are met by the purchaser. They also prepared a public positive covenant to complete the restoration works, development and use of laneway and ensure ongoing maintenance of the hotel facade. This document will be registered on title prior to settlement.

There is also a restriction on use to prevent alteration of the facade without the consent of council, which will be registered on title prior to settlement and an easement in gross to grant a right of footway and for the ongoing maintenance of the laneway.