Council Leasing Policy – State Reserves and
Council Freehold Land for Sporting, Recreational,
Community Services and Educational Purposes
DETAILS
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This policy
#
Value Proposition
Council
Admin
12 December 2008
Manager Property Services
1RYHPEHU
CS433/20/01
24582915
46597197
OBJECTIVES AND MEASURES
Objectives
• establish consistent guidelines by which Council of the City of
Gold Coast (Council) leases land and buildings for sporting,
recreational, community services and educational purposes
• ensure that leases issued are based on standard terms across
the City.
Performance measures
• Clear and consistent guidelines for the management of leases
• Leases based on standard terms
Low
Risk assessment
POLICY STATEMENT
Council of the City of Gold Coast (Council) is committed to meeting the current and emerging needs
of community groups seeking to occupy and use Council owned or controlled land or buildings for
community purposes.
The objective of this policy is to ensure that there is an equitable and consistent approach in providing
tenure arrangements to community groups for sport, recreation, community service and educational
activities. Council seeks to promote optimal use of community facilities and the adoption of
responsible and sustainable practices through the provision of land to community groups.
The policy describes Council’s intent to formalise tenure arrangements, who can hold leases together
with the terms and conditions of leases which are captured in a standard format to ensure consistent
application across the City.
SCOPE
The policy relates to community groups utilising, on an exclusive basis, Council owned or controlled
land or buildings for sporting, recreational, community services and educational purposes.
The policy does not relate to commercial occupation of Council owned or controlled land or buildings
thereon.
DEFINITIONS
Council – Council of the City of Gold Coast.
Lease - a lease will confer a right of “exclusive possession” of an area, will issue for a term of years
and will not include an option for a further term.
Printed copies are uncontrolled. It is the responsibility of each user to ensure that any copies of policy documents are the current issue
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Council Leasing Policy – State Reserves and
Council Freehold Land for Sporting, Recreational,
Community Services and Educational Purposes
RELATED POLICIES AND DELEGATIONS
Delegation DE00472
Delegation DE00503
Delegation DE01605
Delegation DE01623
Delegation DE02015
LEGISLATION
Section 236(b) of the Local Government Regulation 2012 provides Council with the power to grant
leases without competition to community organisations. The Act defines a community organisation as
an entity that is non-profit or otherwise exists for a public purpose.
SUPPORTING DOCUMENTS
Attachment A – Guidelines
RESPONSIBILITIES
Sponsor
Owner
Director, Organisational Services
Manager, Property Services
VERSION CONTROL
Document
Date
Approved
Amendment
24582915 v5
24562915 v4
24562912 v3
24562912 v2
24562912 v1
18.09.15
25.01.13
12.12.08
10.06.05
08.12.00
#51057175
#39440692
CC08.1203.013/G08.1212.039
G05.0610.012/HC05.0602.006
G00.1208.018/F00.1130.004
Minor amendments
Minor amendments
Council resolution
Council resolution
Council resolution
Printed copies are uncontrolled. It is the responsibility of each user to ensure that any copies of policy documents are the current issue
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Council Leasing Policy – State Reserves and
Council Freehold Land for Sporting, Recreational,
Community Services and Educational Purposes
Attachment A - Guidelines
1.
2.
PROCESSING ENQUIRIES AND APPLICATIONS FOR LEASE
a)
Enquiries for the use of land under Council’s control for sporting, recreational, community
services and educational purposes are to be referred to Community Services Directorate.
b)
Any application to lease land under Council’s control for sporting, recreational, community
services and educational purposes is to be submitted for consideration by Organisational
Services Directorate (Property Services Branch).
ELIGIBILITY FOR LEASE
An application for lease is eligible for consideration when:
3.
4.
5.
a)
the proposed use is for sporting, recreational, community services and educational
purposes;
b)
the applicant is a not-for-profit community based organisation incorporated under the
Associations Incorporations Act and/or the applicant has appropriate status under other
legislation acceptable to Council;
c)
the applicant can demonstrate the ability to meet all financial obligations under a lease
and maintain appropriate insurances.
TERM OF LEASE
a)
No less than five (5) years and not more than twenty (20) years.
b)
Options will not be favourably considered.
c)
All leases will have a common expiry date of 30 June in each year.
d)
All leases with a term in excess of ten (10) years will constitute a reconfiguration of lot
under the Sustainable Planning Act and subject to compliance with this Policy, such
reconfiguration is approved as a consequence of the grant of the lease.
RENTAL
a)
Non-licensed clubs/organisations - $200.00 per annum (excluding GST) to be increased
by 5% for each subsequent rental period.
b)
Incoming Lessees will not pay less than the current year’s rental.
c)
Licensed clubs/organisations - minimum $1000.00 per annum or 2% of gross liquor
purchases (excluding GST), whichever is the greater.
d)
Lessees will provide evidence of annual liquor purchases as requested.
ADVERTISING/SIGNAGE
a)
No advertising sign or similar device is to be erected on the leased premises unless a
completed development and licence application has been submitted and approved by
Council. The application is to include a plan detailing the location, type, size and content of
the proposed advertising sign/device. All signage is to conform with Planning Scheme
requirements and Council’s Local Law and Subordinate Local Law provisions.
Printed copies are uncontrolled. It is the responsibility of each user to ensure that any copies of policy documents are the current issue
Page 1 of 4
Council Leasing Policy – State Reserves and
Council Freehold Land for Sporting, Recreational,
Community Services and Educational Purposes
Attachment A - Guidelines
6.
7.
8.
9.
AREA OF LEASE
a)
Lease boundaries will be based on the area granted exclusively to a Lessee, commonly
the footprint of a building, but will include access ramps and external staircases.
b)
Lease boundaries will include special purpose playing areas (e.g. tennis courts, bowling
greens and synthetic surfaces) where those areas are exclusively used for purposes
permitted under the lease.
c)
Amenity buildings that are locked and used extensively by members and/or guests of a
Lessee will be included into lease areas.
d)
Council reserves the right to determine the size and scope of structures having regard to •
the provisions of the Planning Scheme;
•
the views of the Divisional Councillor; and
•
in consideration of the amenity of the surrounding neighbourhood.
RATES AND CHARGES
a)
Lessees are responsible for the payment of rates and charges assessed against a lease,
based on applicable Council Policies.
b)
Lessees are responsible for the payment of loans and any related charges in accordance
with Council requirements.
LEASE ESTABLISHMENT COSTS
a)
All costs relating to the registration of a lease, including the costs of survey plan
preparation, will be at the Lessee’s expense unless otherwise determined by Council.
b)
A Standard Terms Document will be utilised for all leases in an endeavour to keep lease
preparation costs to a minimum.
MORTGAGES/FLOATING CHARGES
a)
Approval for mortgages will only be granted where a mortgagee executes a Deed of
Consent to Mortgage based on Council’s Standard Terms.
b)
Where a Lessee grants security (e.g. bill of sale or a floating charge) over equipment,
Council consent for access to leased premises will be required.
c)
Any Council loan to a Lessee will have priority over a loan by a mortgagee and provision
for such will be made in any Council consent granted.
10. LIQUOR LICENCES/PERMITS
a)
The grant of consent to the lodgement of an application for a full Club Liquor Licence will
be subject to initial assessment of the application under Council’s Planning Scheme in
conjunction with the Divisional Councillor and Community Services Directorate.
b)
The grant of consent to the lodgement of an application for a Restricted Liquor Permit or
Community Liquor Permit will be subject to initial assessment by Organisational Services
Directorate (Property Services Branch) in conjunction with the Divisional Councillor and
Community Services Directorate.
Printed copies are uncontrolled. It is the responsibility of each user to ensure that any copies of policy documents are the current issue
Page 2 of 4
Council Leasing Policy – State Reserves and
Council Freehold Land for Sporting, Recreational,
Community Services and Educational Purposes
Attachment A - Guidelines
11. ALTERATIONS TO LEASED PREMISES
a)
All improvements, either internal or external, to leased premises require the initial consent of
Council.
b)
Consent for expansion to leased premises will only be given when the Lessee demonstrates
• a community demand or need;
• the size and proposed use for premises meets a community demand or
need; and
• the Lessee is able to provide evidence of the availability of sufficient funding to
complete the project.
c)
Lessees will be required to obtain all regulatory approvals prior to commencing work on site.
12. MAINTENANCE OF LEASED PREMISES
a)
The Lessee shall, at the Lessee’s cost, maintain all improvements within the leased area so
as to enable those improvements to be utilised for the purposes permitted under the lease.
13. OWNERSHIP OF IMPROVEMENTS
a)
All fixed improvements constructed or installed upon the leased premises will vest in
Council from the time that they are constructed or installed.
b)
The removal of any fixed improvements by a Lessee at the expiry or sooner determination
of the lease will be subject to the consent of Council being obtained prior to any removal
occurring.
14. PUBLIC ACCESS
a) Council will encourage multi-purpose usage of facilities wherever appropriate.
15. RENEWAL OF LEASES
a)
The Chief Executive Officer is authorised to approve, in consultation with the Divisional
Councillor, a renewal of an expired or conditionally surrendered lease provided all relevant
Planning Scheme issues are attended to in the first instance.
16. OVERNIGHT SLEEPING
a)
Members and guests of surf life saving clubs are permitted to sleep overnight at leased
premises provided those members and guests are engaged in bona fide surf life saving
duties or on authorised club activities.
b)
Members and guests of showground and equestrian facilities, scouts, guides and volunteer
marine rescue may be permitted to sleep overnight subject to the consent of Council.
17. INSURANCE
a)
Lessees will be responsible for procuring, at their own cost, such insurances as are required
by Council in respect of their occupation and use of leased premises and in accordance
with the specific conditions of any lease issued.
Printed copies are uncontrolled. It is the responsibility of each user to ensure that any copies of policy documents are the current issue
Page 3 of 4
Council Leasing Policy – State Reserves and
Council Freehold Land for Sporting, Recreational,
Community Services and Educational Purposes
Attachment A - Guidelines
18. BUSINESS MANAGEMENT AND DEVELOPMENT PLANS
a)
Lessees will be responsible for the preparation of business, management and/or
development plans to support any application to lease, renewal of a lease or extension to
an existing lease in accordance with the specific requirements of Council.
19. CARETAKERS
a)
Lessees may not permit a Caretaker to occupy any area of the Premises or surrounding
land without the written consent of Council.
20. COMPLIANCE WITH LEASE CONDITIONS
a)
Lessees covenant with Council that in accepting a lease that the Lessee will comply with
all conditions in the lease.
b)
Determination of leases for non-payment of rent or other charges/loans shall occur if a
Lessee falls in arrears for a period of in excess of two (2) years and where a satisfactory
repayment scheme is not agreed upon.
c)
Lessees covenant with Council that in accepting a lease that the Lessee will answer
promptly all Lessor enquiries concerning activities of members and past members of the
Lessee, members of the Lessee’s Board of Directors and Management Committee/s,
employees and contractors of the Lessee, those who provide voluntary services to the
Lessee and visitors to the leased premises.
d)
Lessees acknowledge that leases are granted to contribute benefit to the community and
accordingly, Lessees will not conduct, nor permit to occur, upon the premises anything
illegal, immoral or offensive, with an overriding consideration being the safety and
protection of children and other users of the premises
Printed copies are uncontrolled. It is the responsibility of each user to ensure that any copies of policy documents are the current issue
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