They still call the Pav home

The seven men sleeping rough at Bondi Pavilion are staying put, thanks to a Supreme Court injunction that prevents Waverley Council from evicting them.

In a new statement of claim submitted by their pro-bono barrister, Dymphna Hawkins, they are claiming a 12-month leasehold with occupation rights to the back of the heritage building.

It also demands ethical obligations of the council and the State Government which are “responsible for the welfare of these people who are vulnerable” according to Hawkins.

The case reconvenes before the Supreme Court on October 2.

The homeless men are also threatening to proceed with contempt charges, alleging a council ranger removed their bedding in defiance of the injunction.

Mediation by ex-Chief Justice of the Supreme Court, Sir Laurence Street, hadn’t been conclusive by the August 24 Supreme Court appearance by the homeless and council.

Sir Laurence Street said his agenda was: “Balancing the human problems with the public duties and obligations of the council to preserve the needs of the public in a recreation area.”

The case will be withdrawn if negotiations between Housing NSW and Waverley Council succeeded in finding the men a home in Bondi. They have refused temporary accommodation at city hostels, saying they will stay at the Pavilion until long-term accommodation for them is found.

A spokesperson for NSW Housing said they have limited properties at Bondi Beach and the department doesn’t approve applicants to a specific suburb.

Kevin St Alder, who’s been homeless eight months, said they’re sending a message to councils that the homeless shouldn’t be moved along.

His legal crusade has become a timely battle against the area’s depleted public housing stocks. The State Government’s new Affordable Rental Housing State Environmental Planning Policy (SEPP) puts the onus on local governments to preserve existing low-cost housing in the area for people attached to their community.

This evolved last month from the much-ignored SEPP 10, which required concurrence between the NSW Department of Planning and local governments before renovations or demolitions were approved on boarding houses and low-cost rentals.

Waverley Council has remained firm in not granting the men a home, believing it to be a duty of the State Government. Mayor Sally Betts said the men’s claim to live in Bondi was “unrealistic”.  She said complaints against the men are on the increase.

The homeless are awaiting the outcome of the mayoral election to see if a change in leadership might change council’s stance on the issue.

– By Matt Khoury