Fact Sheet – Obtaining Council’s Consent

Why does a Lessee need to obtain Council’s Consent?
How does a Lessee obtain Council’s Consent?
How are applications for Council’s Consent assessed?
You’ve received Council’s Consent – what next?

Why does a Lessee need to obtain Council’s Consent?

It is a requirement of most Community Leases, that prior to constructing or altering improvements within a Lease Area, lessees must first obtain written approval from Council (“Council’s Consent”, also commonly referred to as a “Lessor’s Consent” or “Landlord’s Consent”).

The process of obtaining Council’s Consent assists Council to monitor the improvements/activities being undertaken on Council’s land and to ensure that the improvements are consistent with both the conditions of the lease and the planning scheme. It also gives Council the opportunity to ensure that Lessees are operating within their financial capabilities so as not to create a future burden for ratepayers.

Most funding applications, including applications for Council funding, will require the lessee to provide a copy of Council’s Consent with the funding application.

Examples of activities that require Council’s Consent include:

Lodging a development application;
Undertaking an event or activity within the Lease Area that is not consistent with the purpose of the lease;
Submitting an application for a liquor licence or permit or gaming licence;
Constructing a building, shed, shade structure, extension to an existing building;
Installing lighting poles;
Installing solar panels;
Refurbishing the interior of a building;
Installing a concrete slab;
Removing a tree;
Constructing or altering a dam or on-site drainage;
Constructing an additional playing field; or
Adding fill.

A Lessee is not required to obtain Council’s Consent prior to undertaking general maintenance and repairs in accordance with a lease or licence.

How does a Lessee obtain Council’s Consent?

Requests for Council’s Consent can be made by submitting a completed Application for Council’s Consent. Requests should be submitted at least 28 days prior to the date that Council’s Consent/Endorsement is required. In planning their requests, Lessees should consider the additional processing time of third parties such as the Office of Liquor and Gaming Regulation or Department of Resources.

Application for Council’s Consent should be completed in full and include supporting information including:

Site Plan
Copy of any completed third party application (eg. Application for Community Liquor Permits)
Certificate of Currency for Public Liability Insurance
Drawings and specifications of proposed construction or alterations

The sample of the completed application for Council's consent is provided as a guide to assist lessees with the preparation of an application for Council’s Consent.

How are applications for Council’s Consent assessed?

Once an application for Council’s Consent has been received by Council, it is assessed by the Strategic Property Management Team the assessment considers matter such as:

Is there a valid lease or license in place?
Is the proposed works consistent with the purpose and conditions of the relevant lease/license?
Is the proposed works consistent with the purpose/objectives of the Association?
Does the lessee have the financial means (either through accumulated funds or grant funds) to meet the initial capital expenditure and the ongoing operational costs?
How will the works impact stakeholders, including adjoining landowners/lessees, council infrastructure, other community organisations and the community?

In some instances, other business units within Council will be invited to provide feedback on the application to assist with the assessment.

Once the assessment is complete, Council will either provide a letter granting consent or notice that Council is not prepared to provide consent. Where a lessee is unable to provide enough information to satisfy Council’s requirements (e.g. the lessee is waiting on the outcome of a funding application prior to commissioning detailed drawings and specifications), Council may issue an “In-Principal Consent”. This means that Council is generally supportive of the proposal but will requires further information at some point in the future before the works can commence (e.g. Council must approve the final drawings and specifications prior to construction). An In-Principal Consent will be sufficient to support most funding applications.

Where a lessee is not satisfied with the outcome of Council’s assessment, the lessee can seek a review the decision through Council’s complaints process.

You’ve received Council’s Consent – what next?

It is important that lessees carefully review the conditions on which Council’s Consent has been granted. Typically, the following conditions will apply to all consents:

The works are constructed substantially in accordance with the information provided in the Lessee’s request for consent.
The Lessee must obtain all required approvals, permits and authorities to undertake the Works.
The works must be undertaken in accordance with the conditions of any approvals, permits, and requirements of authorities.
The works are undertaken in a professional manner by suitability qualified persons.
The works are contained within the Association’s leased area and does not prevent or interfere with access to the balance of the land.
The works are otherwise undertaken in accordance with the terms and conditions of the Lease.

Council may ask a lessee for evidence that the lessee has complied with the conditions of a consent.

Where a lessee has been given an In Principal Consent, it is important that no construction occurs until such time as Council has been provided with the necessary information and has provided a final Consent.

Following construction, the works must be operated/maintained at the lessee’s expense in accordance with the terms of the lease or licence and lessees must ensure that the works have been appropriately insured.

IMPORTANT – Council’s Consent does not constitute a building or planning approval.