88 Archer St (on the corner of Ferguson Lane) is the old Library carpark. The site is owned by Council but subject to a 99 year ground lease. The intent of the lease in the site was for Strata Subdivision of 88 Archer Street (Lot 102 DP1186488) into 224 leasehold lots and included the inclusion of a positive covenant restricting the use of the lots to tourist accommodation. The provision of tourist accommodation on this site is a key aspect of the ongoing success of The Concourse.
Council Officers have been able to establish a number of additional provisions to assist Council in ensuring that the future use of the 224 leasehold lots is consistent with the sites tourist accommodation objectives
The Section 88b Instrument that sets out Terms of Easements and Restrictions that apply to each of the Strata Lots now includes:
- A definition of Serviced Apartment.
- A restriction limiting the use of the land to tourist and visitor accommodation.
- A restriction limiting the occupancy of the serviced apartment by the same person to no greater than 90 days in any 365 day period.
- A restriction requiring all car paces to be managed by the operator of the serviced apartments.
- A restriction requiring that a monthly report to be submitted to Council providing occupancy details required by Willoughby Council to assist it in ensuring that the land is being used as serviced apartments / tourist and visitor accommodation.
- A restriction requiring that car spaces can only be used by the owner and/or a tenant and not allowing any other person to use them.
- A restriction prohibiting the alteration, removal or interference with any entrance doors or any equipment ancillary to the operation of the entrance doors.
Council Officers should be congratulated on their handling of these lease conditions.