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Leasing & licensing sport & community facilities guide

A guide for council staff, councillors and community organisations to better understand lease or licence agreements

This project's final report and evaluation was completed on 20 July 2020.

Project approach

A seven stage methodology was developed and followed to ensure the project incorporates relevant research, consultation and planning processes while meeting the brief requirements for the City of Onkaparinga, the Local Government Recreation Forum and the Office from Recreation, Sport and Racing (ORSR).

  • Stage 1: Project scoping and start-up
  • Stage 2: Research
  • Stage 3: Council and Community Engagement
  • Stage 4: Preparation of draft guide
  • Stage 5: Finalisation of draft guide
  • Stage 6: Finalisation of all documentation
  • Stage 7: Post project evaluation

View breakdown of project stages

Project achievements

Project has achieved the production of a guide for local government which can also be used by the community when striking an occupancy agreement. The guide will provide local government officers with guidance on best practice for managing occupancy agreements.

Project outputs and outcomes

The objectives of this project were to:

  1. Identify local government’s needs and community leaseholder needs in relation to leasing council owned sports and community facilities.
  2. Develop a leading practice Guide for Leasing and Licensing Sports and Community facilities that meets the identified needs.

These needs included:

  • Defining and prioritising what outcomes local government and community leaseholders seek because of leasing council owned sports and community facilities
  • Defining the social and economic benefits council, the community and leaseholders receive/achieve because of leasing council owned sports and community facilities
  • Providing clarity around each party’s legal requirements associated with leasing sports and community facilities including non-negotiable conditions*
  • An analysis of the cost implications for each party associated with leasing arrangements
  • Identifying contractual agreement options for occupying council owned community facilities that are simpler to draft, read, understand, and administer e.g. service level agreements, occupancy agreements*
  • Providing local government guidance regarding leasing clauses to ensure council needs are met (e.g. optimum use of facilities, shared use of facilities, leaseholder viability and sustainability, facility maintenance and upgrades. Fee setting framework for council including the use and rationale for leaseholder discounts and incentives. Leading practice approach to assisting leaseholders to achieve legal and lease compliance)
  • Leading practice approach to managing leaseholder non-compliance.

Project outputs and outcomes

Project distribution

The final guide will be emailed to all Councils and provided on the Office for Recreation, Sport and Racing website and the Local Government Association SA Website. The background report, webinar video and power point presentation will be provided to all key stakeholders

Performance measures

The draft guide for Leasing and Licensing Sport and Community Facilities was sent out for consultation on 29 May 2020 for a 4 week period with an accompanying online survey for stakeholders to provide feedback.

The effectiveness of the actions undertaken to achieve the project outcomes and its impact on the Local Government Sector.

The draft guide was sent to 70 councils, 67 council officers who either completed the research survey or attended the workshop, 61 community members who either completed the research survey or attend the workshop, Steering Committee.

Key stakeholders including Office for Recreation, Sport and Racing, Local Government Mutual Liability Scheme, Local Government Association, Small Business Commissioner and Law Society of South Australia, Community Groups SA, Recreation SA, Clubs SA, and peak sporting bodies. A webinar was held on Tuesday 23 June at 3:00 pm, with 45 people who sent an RSVP, over 30 attended, and the webinar was recorded for subsequent use.

The survey received 61 responses, 18 of which were incomplete.

Evaluation

The draft guide was evaluated through a survey completed by Council staff and elected members, sporting clubs, peak bodies, and community groups. The survey received a very good response of 61 responses.

Stage 1: Project scoping and start-up

The project scope and community engagement strategy was agreed.

Stage 2: Research

The research stage included:

Key Stakeholder Research Discussions with the SA Small Business Commissioner and Local Government Mutual Liability Scheme.

The Local Government Association for SA, Community SA and the Law Society of SA were approached, but declined a stakeholder interviews.

Desktop Research Desktop research covered Lease Framework and Policy, Lease conditions, Governance and Compliance.

Council policies were investigated, and their lease fee models and implications.

Desktop research included reviewing a range of occupancy agreements. tenant capacity, Council services, sub-lessees and property management was also researched with the purpose of providing high–level guidance for publication in the guide.

Stage 3: Council and Community Engagement

The Council and Community Engagement included the following.

Council Survey

A survey to review current leasing practises was conducted with the regional and metropolitan councils. The survey was developed on-line through SurveyMonkey. The survey received sixty-one individual responses across forty-three different Councils, providing information about the current state of their occupancy agreements including issues and opportunities. A summary of the survey findings was included in the background report.

Community Survey

A survey of current regional and metropolitan leaseholders was conducted to determine the community needs and expectations in relation to leasing council-owned sports and community facilities. The survey was developed on-line through to SurveyMonkey. The survey received 52 responses, with 56% identifying as a sporting club, 13% a community group, 13% a community centre management committee, 4% a community hall management committee and 2% a commercial tenant. A summary of the survey findings was included in the background report.

Council Workshop

The Council workshop was held at the Sports SA training room. There were attendees representing City of Mitcham, City of Holdfast Bay, City of West Torrens, Mount Barker District Council, Yankalilla District Council, Adelaide Hills Council, City of Onkaparinga, Berri-Barmera Council, Clare & Gilbert Valley Council, Regional Council of Goyder and Local Government Risk Services. The workshops focused on the following topics: current state of occupancy agreements, tenants, fee structures, challenges and opportunities and the social and economic benefits of leasing Council owned facilities. A summary of the workshop findings was included in the background report.

Community Workshop

The community workshop was held at the Sports SA training room with attendees representing Adelaide City Football Club, Pirates Football Club, Mount Barker United Soccer Club, Birkalla Soccer Club, Onkaparinga Club forum and Mount Lofty District Community and Sports Club. The topics covered included current state of occupancy agreements, tenants and community needs, resources, and social and economic benefit of occupying Council owned facilities. A summary of the workshop findings was included in the background report.

Stage 4: Preparation of draft guide

Following a comprehensive review of the background report with key stakeholders from the City of Onkaparinga and the steering committee a draft guide for Leasing and Licensing Sports and Community Facilities was prepared.

The draft guide covered lease framework/policy, occupancy agreements, fee models and equitable fees. Other key topics included the use of subleases, council services, assessment of tenant capacity, property management and dispute resolution. Relevant issues that were raised as part of the community engagement and key stakeholder research was also be included in the Guide.

Templates, checklist and/or flowcharts were used to make the guide easy to read, understand and administer. Case studies and a variety of fee structures was included. This draft guide was reviewed extensively by the key stakeholders from City of Onkaparinga and steering committee prior to the draft guide being ready for consultation.

The draft guide for Leasing and Licensing Sport and Community Facilities was sent out for consultation on 29 May 2020 for a 4-week period, with an accompanying survey which was open for 4 weeks.

The draft guide was sent to:

  • 70 Councils
  • 67 Council officers who either completed the research survey or attended the workshop
  • 61 community members who either completed the research survey or attend the workshop
  • Steering Committee
  • Key stakeholders including Office for Recreation, Sport and Racing, Local Government Mutual Liability Scheme, Local Government Association, Small Business Commissioner and Law Society of South Australia, Community Groups SA, Recreation SA, Clubs SA, and peak sporting bodies. A webinar was held on Tuesday 23 June at 3pm, with 45 people sent and rsvp, over 30 attended, and the webinar was recorded for subsequent use. The survey received 61 responses, 18 of which were not completed in full.

Stage 5: Finalisation of draft guide

The feedback received from the webinar and the survey was consolidated into a report.

This feedback report was discussed with the Project Manager and survey comments were reviewed for exclusion/inclusion into the final version of the Guide.

Stage 6: Finalisation of all documentation

The draft guide was finalised. Background report, including all findings from stage 2 to 5 was completed. A power point presentation was developed to support the use of the Guide, this will highlight key information to provide an overview of the project methodology, key findings, guide content and the application of its use. Webinar video

Stage 7: Post project evaluation

Completion of this evaluation report.

Ratings and comments

Project snapshot
Project number: 2018.59
Project category: Community
Start date: 30 Sep 2018
Completion date: 30 Jul 2020
Recipient: City of Onkaparinga (as host organisation for the Local Government Recreation Forum)
Status: Complete
Funds approved: $25,000
2018.59