Draft Leasing and Licensing Policy
Why is this Policy necessary?
Council owns and manages buildings and land across the Shire which are provided to community groups, sporting groups and commercial enterprises for use.
These groups are required to enter into tenure agreements, most commonly in the form of Leases and Licenses, for their occupation of these spaces.
Council's current Leasing and Licensing Policy was adopted in 2019. The Property Strategy Implementation Plan requires a new Policy to be prepared and provided in 2025.
Purpose
This Leasing and Licensing Policy is designed to ensure consistency and transparency in the terms and conditions applied to tenure documents, and to enhance community value using Council facilities, whilst protecting Council’s assets.
Read the Draft Leasing and Licensing Policy and provide your feedback below.
The Policy applies to:
- Leases and licenses of Council owned property
- Crown land where Council is the Committee of Management, and
- Land or buildings leased and licensed by Council from another party for purpose of Council performing its functions and meeting its objectives.
The Policy doesn't apply to:
- Seasonal club agreement
- Residential tenancies
- Casual hire agreements
- Where Council enters into separate agreements, such as contracts, partnership agreements or deeds with Tenants as required for matters not included in lease or license terms and conditions.
The previous Policy has been entirely replaced by this draft Policy.
A summary of the changes are as follows:
- The starting community lease rate under the policy is $440.00 per annum including GST (current fee is $418.29 per annum including GST). The community rate will be reviewed annually and stipulated in the Fees and Charges document. Currently, the fee is adjusted in house in line with CPI and calculated by Council officers.
- The community rate is the base rate for all Leases and Licences except where an exemption is approval in exceptional and rare circumstances.
- Subsidised rental has been expanded and replaces the ‘Children's Services’ category in the old Policy.
- The objectives have been updated to reflect the guiding principles in the Property Strategy 2025-2029
- Tenant expectations have been outlined; forming the Code of Conduct that will be an attachment to all leases from early 2026.
- The Policy also includes the framework for inclusion of conditions that have previously been dealt with as ‘special conditions’ or ‘additional provisions’ that will now form part of the general conditions that apply to all leases. These clauses cover:
- Child Safety Requirements
- Shared Use
- Sustainability
- Development/Demolishment
- Council Access
- Maintenance
- Costs.
