PROPERTY HANDBOOK FOR WORSHIPPING COMMUNITIES … · 3. PLANNING PROCEDURES 5 4. ... ACF - Anglican...

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PROPERTY HANDBOOK FOR WORSHIPPING COMMUNITIES

Transcript of PROPERTY HANDBOOK FOR WORSHIPPING COMMUNITIES … · 3. PLANNING PROCEDURES 5 4. ... ACF - Anglican...

PROPERTY HANDBOOK FOR WORSHIPPING COMMUNITIES

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CONTENTS

Page

1. INTRODUCTION 3 2. BUILDING – A UNIQUE OPPORTUNITY 3 3. PLANNING PROCEDURES 5

4. ROLE OF THE ARCHITECTURAL COMMITTEE 9 5. ROLE OF THE ARCHDEACON 9 6. RECTORIES – BUILDING, PURCHASING, LEASING AND MAINTAINING 10 7. MAINTENANCE AND RENOVATIONS OF PARISH PROPERTY 12 8. HERITAGE AND PROPERTIES 14 9. ASBESTOS IN CHURCH BUILDINGS 15 10. SIGNS 16 11. SALE OR SUBDIVISION OF CHURCH PROPERTY 16

APPENDICES 17

APPENDIX 1 - DETERMINATION OF NEEDS.................................................................................. 17 APPENDIX 2 - FINANCE ................................................................................................................ 18 APPENDIX 2.1 - FINANCIAL FEASIBILITY STUDY ........................................................................... 19 APPENDIX 2.2 - PARISH BUDGET SAMPLE ................................................................................... 20 APPENDIX 3 - PARISH CENTRE GUIDELINES ................................................................................. 21 APPENDIX 4 - RECTORY GUIDELINES ........................................................................................... 24 APPENDIX 5 - FACULTY FOR NEW BUILDINGS AND ALTERATIONS.............................................. 28 APPENDIX 6 - WORKING WITH THE ARCHITECT .......................................................................... 30 APPENDIX 6.1 - SAMPLE LETTER TO ARCHITECT 1 ...................................................................... 34 APPENDIX 6.2 - SAMPLE LETTER TO ARCHITECT 2 ...................................................................... 35 APPENDIX 6.3 - SAMPLE LETTER TO ARCHITECT 3 ...................................................................... 35 APPENDIX 7 - APPROVAL PROCESS ............................................................................................. 36 APPENDIX 8 - OCCUPANCYAGREEMENT. .................................................................................... 38 APPENDIX 9 – CHECKLIST FOR DECONSECRATION AND SALE OF CHURCHES. ........................... 39 APPENDIX 10 – REPLACEMENT COST FOR RECTORIES, CHURCHES AND HALLS. .................. 40-41 APPENDIX 11 - HALL HIRE LICENCE - Schedules 1 & 2 .......................................................... 42-46

The following definitions apply to these Guidelines:

ACC - The Architectural Advisory Committee ACF - Anglican Community Fund PDT - The Perth Diocesan Trustees

INFORMATION IN THIS HANDBOOK IS regularly updated

UP TO DATE VERSIONS ARE AVAILABLE BY VISITING www.perth.anglican.org

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1. INTRODUCTION

The Parish Building Handbook is a guideline and a resource for parishes within the Diocese of Perth in relation to the building, purchasing, rental and maintenance of buildings.

These guidelines should be utilised by parishes to ensure they comply with the Diocesan policy in relation to property matters, and give a greater understanding of processes with which they need to comply.

2. BUILDING – A UNIQUE OPPORTUNITY

2.1 Opportunity

The erection of a Parish Centre on a vacant site is a challenge for a congregation and it’s Parish Council, and provides an opportunity to assess the Parish’s goals, programmes and finance. These then require hard thinking in the area of theology, expectations in mission, and strategies for mission, personal faith and commitment. Thus, the desire to bui ld presents a congregation with a unique opportunity to go deeper into the Gospel and the Church’s resulting ministry.

All these issues need to be addressed because the design of a building and its cost will have a profound effect on the life of a Parish both now and in the years to come.

2.2 Need

To build or not: this decision will ultimately need to be determined by the Parish Council in consultation with the Archdeacon. Before a decision can be made, however, the Parish will need to clarify the needs of its congregation in accordance with its own mission action plan.

Some of the questions to be asked while planning are

What is our mission? – including:

creatively listening and proclaiming the Good News of Jesus Christ,

vibrant worship in one or more diverse congregations, and

reaching out in loving service

What specific activities will embody this mission?

What physical infrastructure do we need in order to carry out those activities now?

What growth in mission do we expect in the coming years, and

How can we ensure that what we build now will support, rather than limit, future mission?

When answering these questions, thought ought to be given to various alternative strategies to achieve the Parish’s specific goals.

For example, are there alternative existing accommodation options within the Parish boundaries (private dwellings, community centres, primary and high schools, kindergartens etc.) that could be checked for their suitability and availability?

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Once the strategy is clear, the Parish’s essential and minimum accommodation needs can be defined, and the cost considered.

By such careful determination of needs, the Parish will be exercising stewardship of its financial resources.

2.3 Planning

Short or long-term planning requires a Master Plan for the utilisation of the entire church site. To be of value, such a plan needs to include a schematic drawing of the final buildings proposed and related services. This will ensure that all the various elements of the site (Parish Centre, Rectory, garden of remembrance, landscaping, off-street parking, etc) have a compatible relationship to one another, to adjacent buildings and land uses. Since a Parish Centre might be erected in two or more stages, each stage should be architecturally completed and yet allow ready extension. See Approval Process in Appendix 7 When submitting drawings to the Committee, the parish is to include a copy of the brief to the architect so that the Committee will have some awareness of what the parish wishes the building to achieve and within what limits. The Committee may lay down some absolutely essential details about designs or structure. The Committee may require professional advice, e.g. an acoustician’s report, when the developed sketch designs are submitted for approval. This is one reason why the Committee should encourage parishes to seek the highest professional advice in making submissions.

2.4 Parish Centre

For reasons of theology and economy, the Diocese has put aside the notion of “church” and “hall” under separate roofs, and instead adopted the concept of a “Parish Centre”.

A Parish Centre should include a permanent worship area for a minimum of 120 people. It should permit a flexible floor plan with different seating arrangements around the altar which at all times is to be the focus of the building. Provision must be made in the planning process to ensure that permanent worship area can be extended in future if required. Such an extension should also be able to be used as an area for another 120 people.

More details about the planning of a Parish Centre can be found in Appendix 3.

2.5 Symbolism – Statement

The building by its very shape and style should embody some important aspects of the Christian faith. Something of the simplicity of Christ’s life and the joy of his Gospel should be incorporated. Good architecture is not necessarily expensive but the building should be well designed, recognising that the key lies in shape, line, volume, lighting and choice of materials for example:

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2.6 Environmental

The Diocese of Perth at its 2010 Synod announced the publication of the ‘Sustainability Guidelines for the Diocese of Perth; to assist Parishes and Agencies in achieving the highest possible levels of Environmental and Energy Sustainability. These guidelines can be viewed on the Diocesan Website and is a key resource in planning sustainable practices within the operation of Diocesan activities.

The Diocese of Perth is committed to the careful stewardship of the environment. The Protection of the Environment Canon 2007 www.perth.anglican.org/download/resources/diocesan_statutes_and_canons/Environment ProtectionCanon(PAGE%20433).pdf was adopted in the Diocese of Perth at Synod in October 2008.

By adopting the Canon, the Diocese undertook to do the following: a) Reduce its environmental footprint by increasing the water and energy efficiency of

its current facilities and operations, and b) Ensure that environmental sustainability is an essential consideration in the

development of any new facilities and operations.

In the early stages of the building of a Parish Centre or Rectory, consideration should be given to environmental factors such as:

Four-star green rating in the construction of buildings; Adopting (where practicable) environmental conservation guidelines in design,

selection of building materials, and integrating the natural and built environment;

Energy efficient ratings for ovens, hot water systems, air conditioning, passive heating and any other appliances installed in the property;

Solar hot water systems;

Installation of Photovoltaic Cells to reduce energy costs and carbon footprint;

Rainwater harvesting and/or water recycling;

‘Low water use’ gardens 3. PLANNING AND BUILDING PROCEDURES

a. In terms of The Ordering of the Worshipping Communities Statute (Section 60.2) www.perth.anglican.org/download/resources/diocesan_statutes_and_canons/Order ingofWorshippingCommunitiesStatute2007.pdf the issue of an approved Faculty by the Archbishop and The Perth Diocesan Trustees (‘PDT’) on the application of the Rector and Churchwardens is required before the following acts can take place on property of which a Parish is the beneficial owner:

The erection of a new church or other building;

Alteration of any kind to the fabric of an existing church or building;

The erection, renewal, removal or alteration of monuments or plaques; or

Alterations or additions to any fittings or ornaments of a church.

A Faculty will be submitted with the concurrence of the Archdeacon to the Diocesan Property Manager and forwarded to the Architectural Advisory Committee (AAC) for

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a recommendation when it is considered professional and or liturgical input is required.

b. In considering a Faculty application, consideration is to be given to the alteration of

buildings, the positioning of new buildings, the suitability of buildings for the purposes desired, and the long term needs of a parish in relation to these vital structures. The AAC to advise its final decision to the Diocesan Secretary who will advance the application to the Archbishop, The Perth Diocesan Trustees and Diocesan Council as necessary.

Whilst the guidelines restrict the extent of action that can be taken by a Parish Council, and may at times be seen to limit the ability of a Parish Council in conducting its own affairs it is, however, essential that at all times the planning procedures outlined below be followed to ensure that the legal liability for agreements entered into is that of The Perth Diocesan Trustees, and not that of individual members of the Parish Council.

Step 1 - Master Plan

1.1 Each member of the Parish Council shall be given a copy of the Planning Procedures, the Role of the AAC contained in these Guidelines

1.2 The Parish Council together with their Archdeacon determines the need to build, both immediate and long term (refer Appendix 1), financial study (Appendix 2 and 2.1) and produce a simple draft, written brief.

1.3 The Parish Council appoint its Rector and two or three lay people to meet with representative/s of the AAC to discuss the feasibility of their brief and whether they are ready to commission an architect to prepare a preliminary plan, i.e. an overall site plan including a northern point and a simple floor plan - these processes are advisory only.

Note In the case of country parishes, communication with the AAC may be in writing via the Diocesan Property Manager email [email protected]

1.4 Representatives of the Parish Council to talk informally with the Anglican Community Fund about finance requirements (refer Diocesan Council Policy No. 30) www.perth.anglican.org/download/diocese/policies/Policy30ParishBorrowings.pdf

1.5 The Parish Council consults the Diocesan Property Manager about dates of meetings of the AAC, Diocesan Council and The Perth Diocesan Trustees.

1.6 Consideration to be given to the cost of furniture and furnishings (refer to the AAC

for information regarding liturgical arts, crafts, furniture and furnishings if required).

Step 2 - Preparation of Preliminary Drawings/Schematic Design The Parish Council commissions an architect to prepare preliminary drawings/schematic design only (i.e. a master site plan and floor plan – basic two-dimensional drawings) to show

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its feasibility with an estimate of cost including professional fees. (Refer to Appendix 3 and 6.1)

The architect is to do this according to the written, preliminary brief produced by the Parish Council. The Preliminary drawings should be submitted to the Diocesan Property Manager who will forward to the AAC to obtain approval in principal.

It would be beneficial if the Architect is made aware of the Diocesan Property Guidelines

Step 3 - Parish Three-Year Budget The Parish to produce a three-year budget according to Appendix 2.2 to be submitted to the Archdeacon who in turn forwards the budget and his written recommendation to the Diocesan Property Manager (refer Item 5).

Step 4 - Developed Sketch Design If the Parish Council and the Archdeacon agree that the Parish is able to fund the estimated cost of the project:

4.1 It is important that the Parish Council produces a detailed brief for the building, furniture and furnishings.

4.2 It is important as part of planning process and subsequent submission to ascertain

information from Local Government regarding zoning not limited to but including:

What is the current zoning of the land (commercial, residential, industrial, rural etc)?

Is the property on the Municipal Heritage Inventory or State Register of Heritage Places? If the answer is yes then request a copy of the heritage listing as this will inform you what is significant about the property.

Is the property on the sewer system? This is important if you are thinking of sub- dividing into residential lots.

What is the R Code on the land? This will determine the number of dwellings you can achieve if you are thinking of sub-dividing all or part of the land.

Are there any other encumbrances (eg restrictions on height due to overheard power lines etc)?

4.3 The Parish Council commissions the architect to produce a developed sketch design.

This will include dimensions, basic contours, plans, sections and elevations.

4.4 The Parish Council, consults the Archdeacon, and notifies the architect in writing about the budget limit.

4.5 The developed design to be submitted via the Diocesan Property Manager to the

AAC for approval (refer Appendix 5, 6 and 6.2).

Step 5 - Financial analysis The Parish Council firms up its financial plan, including ACF loan –and with the concurrence of the Archdeacon and forwards the following documents to the Diocesan Property Manager:

5.1 The plan for the overall development of the site now and in the future

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5.2 Developed sketch design (in duplicate) which has the preliminary approval of the local authority.

5.3 Three-year Parish Budget.

5.4 Financial Feasibility Study and where applicable permission from the ACF to borrow.

5.5 Letter of application with a Faculty (IN DUPLICATE) to the Diocesan Property Manager.

NB: A Faculty is an official document for seeking consent from the Archbishop and the Perth Diocesan Trustees in this case, alter or construct a building. See Appendix 5.

Step 6 - Approvals The Diocesan Property Manager will obtain a recommendation from the Architectural Advisory Committee, and in conjunction with the Diocesan Secretary will distribute a set of developed sketch design plans with attachments to Architectural Advisory Committee, and to (see Stage 5) Diocesan Council for approval.

Step 7 - Contract Documents – ie Working Drawings & Specification After the Diocesan Secretary confirms the project has been approved in principle by Diocesan Council, the parish will instruct the architect to prepare working drawings and a specification to be submitted to the Architectural Advisory Committee for comment. On receipt of final approval from the Diocesan Property Manager, the Parish Council may proceed with the project (refer Appendix 6 and 6.3) Note: Instruction to be in writing.

Step 8 - Building Contract The Diocesan Secretary signs the contract on behalf of The Perth Diocesan Trustees – provided that the selected tender is within 10% of the budget price. N.B : This “budget price” is the amount set out in the Financial Feasibility Study attached to the submission approved by Diocesan Council.

In the event the approved “budget price” is increased by 10% or more, the parish in consultation with the Archdeacon shall submit a revised three-year financial feasibility study to the Diocesan Accountant who shall be satisfied that the parish has the financial resources to meet the increased costs. Any increase required to a ACF loan facility previously approved, requires further approval of Diocesan Council and The Perth Diocesan Trustees. Once these matters are satisfied the Diocesan Secretary will sign the contract.

All substantial construction works should be formalised in a contract or a letter of agreement setting out the responsibilities of all parties. This contract or agreement would include payment arrangements, who is responsible for insurances, local council building approvals, etc.

Public Liability insurance and Contract works insurance during the building phase can be covered by the Diocese rather than using the builder. The Diocese will not cover "Builder's Tools and Equipment". This can be arranged with the Director of Finance in Diocesan Office.

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Step 9 - Contraction The Property Manager liaises with the Parish regarding:

(1) Building license (2) Progress payments (3) Supervision by a qualified person* (4) Handover (keys)

Note: Before a time and date is established for practical completion, the architect should notify the Project Manager and the Rector in order that they can be present.

(5) Insurance (6) Schedule of Defects (7) Release of balance of retention money**

Note: * the Parish appointing either a qualified builder, structural engineer or an architect to act as clerk of works to ensure quality control; alternatively a clerk of works will be appointed by the Diocesan Secretary in which case the Parish must agree to meeting the costs of inspections. **Before a time and date is established for the release of retention monies, the architect should notify the Diocesan Property Manager and the Rector in order that they can be present at the final inspection.

Step 10 - Celebration and Blessing The Rector arranges with the Archbishop for the service of consecration of the church and dedication of the furniture or, in the case of a Rectory, the service of blessing.

4. ROLE OF THE ARCHITECTURAL ADVISORY COMMITTEE The purposes of this Committee:

Is primarily to serve parishes by giving caring and careful advice to parishes, the Diocesan Property Manager and the Diocesan Council through the Diocesan Secretary about building projects that require professional and or liturgical input.

To assist parishes with their expertise best used in a consultative role in the early stages of planning.

To advise the Diocesan Council on all important matters of policy.

5. ROLE OF THE ARCHDEACON

The role of the Archdeacon is to:

Determine with Parish Councils the need to build (immediate and long term);

Provide overall views of parish proposals in relation to Diocesan expectations Together with the Architectural Advisory Committee, be available to consult with

parishes in the early stages of planning buildings.

Together with the Diocesan Property Manager, guide parishes through the various steps outlined in these guidelines

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6. RECTORIES - BUILDING, PURCHASING, LEASING AND MAINTAINING

The planning procedures contained earlier in this document are to be adhered to when a parish intends to erect a clergy residence. The locating of a Rectory on an undeveloped church site is crucial to its total use. A master plan for the utilisation of the whole site is therefore essential.

The Rectory should also be so placed that it may be on a legally separate lot and therefore saleable, if so desired, into the future.

Diocesan Council has with much care has set minimum standards for properties to be designated as Rectories for use by Diocesan Clergy and their families. (see Appendix 4).

Where it is apparent that facilities exist elsewhere in the parish centre these minimum requirements may be waived with the permission of Diocesan Council and the PDT, in order not to unnecessarily duplicate facilities across two different facilities (ie rectory and worshipping centre). The development of areas for common use by the parish should as a matter of practice be constructed adjacent or incorporated into the design of worshipping centre. This ensures the primary purpose of the rectory is the private accommodation for clergy and their family not a general meeting venue.

The above needs to be brought to the attention of architects as early as possible in the planning stage.

It should be noted that the lot on which a rectory is to be constructed, does not need to be either on or adjoining the Church site, but would need to be in close proximity to the Church site. If the latter is the case, more flexibility would be given to allowing a house to be built or purchased to suit the needs of a particular Priest that may not comply with Diocesan Council minimum standards.

Permission for a purchase deviating from these minimum standards will only be granted on the understanding that the property may need to be sold and another purchased should it not be suitable for the requirements of subsequent clergy and their families. This flexibility has the advantage of providing ongoing renewal of a rectory; there may however be cost variations on the exchange of properties.

Such an arrangement and application would need to be approved by Diocesan Council and the PDT. All proposals of this nature should be directed through the Diocesan Property Manager after consultation with the Archdeacon.

The parish may choose to have a house designed specifically for that site by an architect or utilise a "project home" design.

If a “project home” design is chosen, it must be selected making allowance for the characteristics of the site (sun, wind, rain, other parish buildings, adjacent properties, road access, privacy, soil, grade, outlook, services and landscape) in mind. Rarely are designs able to be transferred from one site to another without amendment. The economy of a project design is affected by every alteration made.

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Please note, even if a ‘project home’ has been chosen by the parish, it still will need to be examined by the Architectural Committee and obtain Diocesan Council approval.

Note: The word “Rectory” denotes house also to be erected for Clergy, Assistant Curates and Chaplains.

Purchasing a Rectory

Any proposal for the purchasing of a rectory should be undertaken with due care, following the same planning process as set out in Chapter 2.

As mentioned above thought should be given by the Parish as to their immediate, medium and long-term needs being mindful of the their ongoing obligation to house future clergy and their families

Maintenance Refer to Policy 32 Care and Maintenance of Diocesan and Parochial District Homes on the website www.perth.anglican.org/download/diocese/policies/Policy32CareofHouses.pdf

It should be noted that some homes owned beneficially by Parishes may not be deemed to be suitable as rectories by the Diocese due to condition, configuration or location.

To ensure the maintenance of rectories for the long term housing of clergy in the Diocese it is important that rectories are maintained to a good standard Parishes should set aside 2.5% of the estimated property replacement value (building only) in order to provide for the ongoing major maintenance costs, and capital improvements. To assist with this and values for insurance the Diocesan Property Manager will advise annually the current building costs per square metre, (Refer Appendix 10).

Rectories should be actively managed and inspected at least annually by the Parish Warden. Short, medium and long-term maintenance plans should be put in place. The Diocesan Property Manager will arrange periodic inspections on behalf of PDT to ensure rectories are maintained in good order and repair as required by the Church Property Maintenance Statute.

Rental of Rectories Use of houses that the Diocese has identified as suitable for use as rectories, should be given the following priority:

(i) Use of the Rectory by Parish Clergy.

(ii) Rented to other clergy, duly licensed by the Archbishop in the Diocese of Perth. Rent is to be set at a median market rental price as at 25 September 2015 is $430.00 per week, as determined by the Real Estate Institute of Western Australia. In order to arrange for this type of rental arrangement, the Parish Council in consultation with the Archdeacon should make application to the Property Manager in the first instance.

(iii) A Parish may apply to the Diocesan Property Manager to rent the property to the market, It is recommended that all aspects of a market rental will be undertaken by

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the Diocesan Property Manager who has arrangements with external property managers to mange lease arrangements in a professional manner. Lease will need to be signed by PDT this will be arranged by the Diocesan Property Manager.

All Clergy who occupy property owned by the Diocese should sign an occupancy agreement available from the Diocesan Property Manager (Appendix 8)

7. MAINTENANCE, RENOVATIONS AND LEASING OF PARISH PROPERTY (other than those deemed rectories)

This should be read in conjunction with the Church Property Maintenance Statute and The Ordering of Worshipping Communities Statute Section 60 www.perth.anglican.org/download/resources/diocesan_statutes_and_canons/OrderingofW orshippingCommunitiesStatute2007.pdf. It is important that parishes be good stewards of the properties under their care and completes the annual building inspection report.

Parishes should set aside 1.50% of the estimated property replacement value (buildings only) in order to provide for the ongoing major maintenance costs, and capital improvements. To assist with this and values for insurance the Diocesan Property Manager will advise annually the current building costs per square metre for Churches and halls, (Refer Appendix 10).

Should Parishes wish to take the opportunity to have their buildings inspected by a builder and a comprehensive property condition report provided outlining urgency and estimated costs of repair and maintenance. The reports allow Parishes to program and budget for works according to urgency. Property condition reports can be organised via the Diocesan Property Manager.

As in section 3 the following applies regarding the maintenance and renovations of parish property.

In terms of The Ordering of the Worshipping Communities Statute (Section 60.2) www.perth.anglican.org/download/resources/diocesan_statutes_and_canons/OrderingofW orshippingCommunitiesStatute2007.pdf, the issue of an approved Faculty by the Archbishop and The Perth Diocesan Trustees on the application of the Rector and Churchwardens is required before the following acts can take place on property of which a Parish is the beneficial owner.

The erection of a new church or other building;

Alteration of any kind to the fabric of an existing church or building;

The erection, renewal, removal or alteration of monuments or plaques; or

Alterations or additions to any fittings or ornaments of a church.

A Faculty will be submitted with the concurrence of the Archdeacon to the Diocesan Property Manager who will forward to the Architectural Advisory Committee (AAC) for a recommendation when it is considered professional and or liturgical input is required.

In considering a Faculty application, consideration is to be given to the alteration of buildings, the positioning of new buildings, the suitability of buildings for the purposes

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desired, and the long term needs of a parish in relation to these vital structures. The Diocesan Property Manager will facilitate passage of the facility and obtain any approvals that may be necessary.

Rental of other parish property It is recommended that all aspects of a market rental will be undertaken by the Diocesan Property Manager who has arrangements with external property managers to mange lease arrangements in a professional manner. This will:

Ensure rent is collected regularly and has processes in place for collection of arrears. Keep property maintenance up to date and on the agenda and liaison with the Parish or

the Anglican Diocese office

Perform regular property maintenance inspections etc (which can be overlooked if handling ourselves) to ensure tenants are keeping the property in good order.

The Rental of parish property should be categorised into two separate arrangements, Long term or Casual.

a. Where the Parish wishes to enter into a commercial style arrangement with an external

party for the leasing of buildings within a worshipping community, such an arrangement must have the approval of the Diocesan Council.

In order to gain approval for such an arrangement a Parish must firstly consult with the relevant Archdeacon, and subsequently the Diocesan Property Manager, who in consultation with the Parish ensure that any agreement reflects industry standards in terms of the contract and lease price.

Any application for the leasing of Parish property will need the approval of the Diocesan Council. This will be facilitated by the Diocesan Property Manager.

b. A Parish may enter into casual (non-ongoing) rental arrangement whereby external

parties may utilise parish property (other than the worshipping centre) for short term use, such as meeting for voluntary community groups.

All leases and rental agreements are to be in the name of The Perth Diocesan Trustees and signed by PDT this can be arranged by the Diocesan Property Manager who can also give guidance on completion. If agreements do not come from agents then a letter in writing confirming conditions under which the property is rented must be forwarded to Parish, tenant and PDT.

It is recommended the Diocese/Parish rent a property for 6 months with an option for a further six months (12 months in total if option is taken by the tenant). Please note the tenant has the right on the option not the church. This allows the flexibility to cease the rental should our requirements change within the 6-12 month period.

The payment of rent should be via direct deposit into the Parish account.

Property that is not being used for ecclesiastical purposes is not exempt from rates.

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8 HERITAGE AND PROPERTIES (including Municipal Inventories/National Trust)

If your property or properties are Heritage Listed it is important to liaise with the Heritage Council of Western Australia if you are planning any development. The requirements are:

Developments and renovations www.heritage.wa.gov.au

“Development is broadly defined in the Heritage Act as the development or use of any land, including:

Any demolition, erection, construction, alteration of or addition to any building or structure on the land.

The carrying out on the land of any excavation or other works.

Any act or thing that is likely to change the character of the place or the external appearance of any building or would constitute an irreversible alteration of the fabric of any building.”

Examples of the kind of works that must be referred to the council include:

Alterations and additions

Construction of new buildings

Conservation and remedial works

Demolition

Relocation

Excavations

Re-roofing

Changes of exterior colour schemes

Signage

Interior works

Subdivision/amalgamation

Change of use

www.heritage.wa.gov.au

Listed under publications on the Heritage Commission website you will be able to retrieve copies of information to assist the Parish in any development/renovations procedures and the involvement of the council. You can also obtain the brochures by telephone the Heritage Council on (08) 9221 4177.

Municipal Inventories

Municipal inventories are the local shire/council register of properties considered by the shire/council to be of significance to the history of the suburb/region.

9. ASBESTOS IN CHURCH BUILDINGS

The ultimate goal is for all parochial and non-parochial buildings to be free of asbestos, refer to Policy 8 on the Diocesan Website http://www.perth.anglican.org/admin/?getfile=1327401

The presence of asbestos in parochial and non-parochial buildings and fences shall be identified at the earliest opportunity.

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Asbestos identified in buildings, which has been incorporated in a stable form and presents no risk to health may be sealed or encased subject to the advice of accredited technical persons first being obtained.

The removal of asbestos is subject to priority-setting, determined by the condition and location of the asbestos.

In all instances, the provisions of the ‘Asbestos Code of Practice for the Safe Removal of Asbestos’ prepared by the Australian Safety and Compensation Council, shall be adhered to.

9.1 Responsibility to Inform Where asbestos products are present (or thought to be present) in Parish-owned properties, it is the responsibility of each Parish Council to ensure user groups are advised that asbestos products are present in a building.

The Parish Council shall also ensure that user groups are advised:

that an inspection of the buildings is to take place

whether or not asbestos has been found in the buildings after the inspection.

of the evaluation and control process (outlined below) 9.2 Inspection and Identification The aim of an inspection is to determine whether a hazard exists. The location of suspected asbestos-containing materials shall be determined by persons familiar with construction practices. The materials are then identified by accredited technical persons.

9.3 Evaluation The level of risk shall be determined by competent persons, in consultation with the Diocesan Property Manager.

9.4 Register A register shall be maintained, with regular updating of the results of these inspections.

9.5 Control Notwithstanding the ultimate goal of asbestos-free buildings, priorities must be established for control in the short term. Asbestos products, if stable and inaccessible, may be left in situ until demolition, partial demolition or renovation. Where in situ asbestos is in a stable condition, but accessible, it should be appropriately controlled, if necessary, by encapsulation or sealing, enclosure or removal. Asbestos which is not in a stable condition, or is determined to constitute an unacceptable health risk, shall be removed by a registered removalist.

9.6 Removal and Maintenance Work The removal or maintenance of asbestos shall be undertaken only by registered asbestos removalists and in accordance with the Code of Practice determined by the Department of Occupational Health and Safety or procedures from a similar accredited agency.

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10. SIGNS Should parishes wish to erect public signage containing details of the Parish, Service times etc, such signs should be designed in accordance with templates available from the Diocesan Property Manager.

The Diocesan Property Manager must be consulted prior to the design of signage occurring.

11. SALE OR SUBDIVISION OF CHURCH PROPERTY

Prior consultation with Assistant Bishop, Archdeacon and approval of the Parish Council, Diocesan Council and PDT is required prior to the sale of any Parish Property to be subdivided and or sold. Reference should also be made to Policy Guidelines No 57 ‘Distribution of Net proceeds of Diocesan Property beneficially owned by Worshipping Communities’.

The Diocesan Secretary in conjunction with the Diocesan property manager will arrange the sale taking into consideration a current valuation undertaken by a licensed valuer and if applicable a valuation as at 1/7/2000 (for purpose of applying the GST Margin Scheme).

The parish need to be fully aware of areas of the sale that will incur costs to them e.g. selling of a church could incur GST, selling of vacant land and commercially used properties will incur GST.

The Diocesan Property Manger will liaise with the Parish and discuss recommendations etc. prior to countering offer or acceptance on behalf of a Parish and seek instructions from the Parish and Director of Finance to ensure it is clear where the funds are to be deposited upon settlement. (e.g. a portion may go to the Parish and the balance to Church Sites funds depending on the beneficial owner of the property).

The Parish will need to ensure the service providers e.g. Power and Telephone are advised of the sale date for disconnections, settlement agent will advise Water Authority and Local Authority. Final inspection of the house – Parish or body to ensure all services and appliances are working order.

When selling a church there are certain liturgical and administrative procedures that are required and are the responsibility of the Parish. If a Church is to be deconsecrated by a Bishop and the license is issued by the Archbishop on the date set down for the service. It is important that the deconsecrating procedures outlined in Appendix 9 are followed.

For subdivisions Parishes must engage appropriate property consultants to assist them to carry out the process. The Diocesan Property Manager is available to assist to sourcing property/planning consultants as well as providing general advice on property matters. All documents must be signed by the Perth Diocesan Trustees eg: WA Planning Commission, Water Corporation, Western Power, Alinta Gas and any legal documents. (Parishes are not legal entities and require The Perth Diocesan Trustees signature to enter into agreements etc).

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APPENDICES APPENDIX 1 - DETERMINATION OF NEEDS (for a church building)

1. Complete the following table which is a guide only and can be adjusted as

appropriate.

Activity Number of

Adults Youth Children

Worship Sunday Special Days Saturday Weekday Occas Offices: (e.g.

Weddings, Funerals)

Education/Training

Social life- active passive

Community Care

2. Check if any of the above activities can be held in: -

Private homes, Schools, Community halls, Kindergartens, Other Churches Other public buildings in the immediate future

3. Check if any of the above activities can be held in common spaces/rooms. 4. Check if any of the above activities are likely to be held at the same time in the same

space.

5. Check if any of the above activities can be held out of doors.

6. Final statement of specials needs (including kitchen, toilets).

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APPENDIX 2 - FINANCE

The possibility of building, of course, depends upon the financial resources of the parish. The Parish Council together with its Archdeacon needs therefore to consider and develop a financial plan.

That plan is to include all sources of income, all financial responsibilities the parish has either now or in the near future, and the plan should include provision for future repairs and upgrade.

The plan must include: -

1. The TOTAL cost of the project (see Appendix 2.1): 2. A letter from Anglican Community Fund (Inc) for the amount and conditions of any

loan required (if applicable): 3. A parish budget (capital and operational) for the next three years (see Appendix 2.2).

The Director of Finance and Diocesan Accountant are available to assist parishes with the preparation of such plan. Refer to Policy 30 if borrowing is required for the project.

The parish must include a copy of this financial plan in their application to Diocesan Council for permission to build.

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APPENDIX 2.1 - FINANCIAL FEASIBILITY STUDY

PARISH ………………………………….……… DATE…………………… FOR PROJECT (Give brief description) …………………………………………………………………………………………

…………………………………………………………………………………………

…………………………………………………………………………………………

$

Estimated cost of Project …………………………… Architect’s fees……………………………………….. Other Professional fees……………………………… Other fees………………………………………………

Extras $

Garage carport (if applicable)………

Furnishing (Parish Centres only) Floor coverings (carpets etc)………..

Curtains……………………………….. Drive…………………………………… Fencing………………………………… Car Park (Parish Centres only)……… Landscaping…………………………… Contingency

ESTIMATED TOTAL COST $

FINANCED BY:

Existing Parish Funds Diocesan Grant ACF Loan Special Appeal Sales of Property – (List please and attach valuation) Any other sources – (please detail)

$

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APPENDIX 2.2 - PARISH BUDGET SAMPLE

THREE YEAR BUDGET FOR ANGLICAN PARISH OF ……………………………………………….. BUILDING PROJECT …………………………………………………. Last Annual Budget Budget Budget

Accounts Actuals 20../20.. 20../20.. 20../20.. 20../20..

$ $ $ $

INCOME Offerings -Envelopes

-Open collections Hire of properties eg hall, pari h centre etc Fund rais ing income (net) Rental income (net) eg fromrectory Income e from Op Shops , Guilds & other Organizations Income e from services - baptisms, weddings, funerals etc Donations Interest income Legacies & bequests Diocese an Grants (if applicable) Income e from all other sources TOTAL OPERATING INCOME - - - -

EXPENDITURE Clergy Costs Stipends Travel /Car allowance Housing allowance Superannuation contributions Long Service Leave contributions Rectory electricity, gas and water consumption Rectory telephone Locum s and supply service fees Total clergy costs - - - -

Lay Staff Salaries Lay Staff Superannuation Assessments Copyright licenses Stationery, Printing, Photocopying & Postage Insurance Rates & taxes Office Telephone Office electricity, gas and water consumption Church stores and supplies Christian Education Expenses Maintenance Expenses - Church

- Rectory - Hall & other Property

Professional fees Bank Charges Mission payments Other expenses TOTAL OPERATING EXPENSES - - - -

NET OPERATING SURPLUS/(DEFICIT) - - - -

CAPITAL RECEIPTS/(PAYMENTS) Specific Building Fund Donations Loans received Grants Total capital receipts - - - -

Improvement to Buildings Architects ' & other fees Repayment of Loans (Capital & Interest) -Current -Proposed

Total capital payments - - - -

NET CAPITAL RECEIPTS/(PAYMENTS) - NET SURPLUS (DEFICIT) FOR THE YEAR - - - -

ADD: FUNDS FROM PREVIOUS YEAR FUNDS carried forward. - - - -

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APPENDIX 3 - PARISH CENTRE GUIDELINES

1. Architect The Diocesan Property Manager can be asked for a short list of qualified architects or reference can be made to the Royal Australian Institute of Architects (WA Chapter) (www.architecture.com.au/) who will supply a list of its members practising in Western Australia.

2. Preliminary Design (1) The Architect should strive to design a building expressing quiet simplicity. The building is to house the people of God gathered for worship, the building of Christian formation, fellowship and service; this is its primary purpose. Design features or symbolic expression must not be allowed to override this fundamental concept but strive to embody it.

(2) A Parish Council must carefully assess accommodation needs when contemplating building. Its members should be ready to see that a proposed design may only be a partial answer to future needs. Flexibility of space and capacity for expansion must be borne in mind.

(3) Imaginative economy expressed in simplicity is essential and a proper challenge to Christian creativity. Unimaginative and drab cheapness is an alternative to be avoided. The building must be of good quality construction and designed to avoid unnecessary complexity and waste. Provision will have to be made to ensure that the building is designed to be acoustically sound. There needs to be a vigorous practice of stewardship and resources in all aspects of this undertaking.

3. Preliminary Planning (1) A master plan for the site should show how the whole site is to be finally utilised, clearly indicating the location of Parish Centre, Rectory, parking, gardens of remembrance, outdoor activity areas. Buildings will need to be sited to ensure privacy for the Rectory family if the Rectory is located on the same site.

(2) The Parish Centre is to provide –

(a) a permanent worship area with seating for a minimum of 120 people. Consideration should be given to a walled aumbry as it will be difficult to introduce later;

(b) an assembly area for another 120 people which is functionally related to the worship area yet which can also be subdivided into smaller areas as well;

(c) entrance foyer possibly with a counselling room;

(d) utilities (priest’s Parish Council, kitchen, toilets, storage). It is desirable to include a disabled – access toilet which complies with current community expectations.

The desired relationship between these areas can be illustrated thus:

Foyer

Worship Assembly

Utilities

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(e) the climate in our State favours out of doors gatherings. With careful designing external courtyards or areas can be useful extensions to cover accommodation.

4. Contracts Contracts need to be vetted and approved by the Diocesan Property Manager, and signed by The Perth Diocesan Trustees. The style of contract required will vary dependent upon the size of the project, e.g. parish centre, hall, Rectory, garage, and the extent of supervision (Architectural, Clerk of Works) required for each project.

5. Plan of Furniture The Parish through its Rector and Wardens must apply to the Archbishop for a faculty (see Appendix 5) through the Diocesan Property Manager for each piece of furniture or furnishings that is to be placed in the worship area of the Parish Centre. The faculty refers to the actual placement as well as design of the article. Developed sketch design plans must be accompanied by the floor plan for the sanctuary area and proposals for furnishings and preliminary design for church furniture. Working drawings will not be approved unless accompanied by a faculty for church furniture. Health (Public Buildings) Regulations 1992 – reg. 11 state

Except where the approval of the local government but subject to sub regulation (2), all seats used for seating audiences in a public building shall be securely fixed to the floor unless fastened together in groups of not less than 4 seats.

Where seats are arranged in regular rows of 10 – 42 seats, aisles shall be provided on both sides of each row.

6. Parish Office Consideration should be given to the provision of a parish office within the Parish C e n t r e and this is to be seen as distinct from the Rector’s study. This office could be part of a meeting room within the centre, which is a better location than having it as part of the Rectory.

7. Lighting Natural and artificial lighting – due consideration should be given to these factors.

8. Environmental Considerations The parish in the early stages of development should give consideration to environment factors referred to earlier in this document (refer section 2.6).

9. Risk Management Consideration be given to basic risk management procedures when setting up the building and ensuring enough power points to avoid cords being trailed across access ways within the centre etc.

10. Landscaping Consideration should be given to a plan with elevations (with scaled dimensions) indicating plant materials and any constructional works required.

If the area is extensive and detailed, a landscape architect or horticulturist should be consulted. If a sculpture or major religious element is to be used, this design should also be submitted.

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Provision should be made for: (i) Parking (ii) Landscape features: Integration of the natural and built environment utilising natural

raw materials and planting is recommended. (iii) Landscape plan: - garden design

(a) Should be capable of use if adjacent to Parish Centre. (b) Should bear in mind accessibility for the elderly and handicapped (c) Plant species could be indicated by symbol, accompanied by a list with an

identifiable key. (d) Should pay particular attention to ‘low water use’ options when designing the

garden. (iv) Reticulation: - If required give full particulars.

(a) Where sloping land is being treated, indicate on plan drainage scheme. (b) Ensure the reticulation system has appropriate energy ratings (c) Ensure sprinklers are pointing away from buildings, and not watering pathways and

areas not within the garden. (v) Garden furniture – Submit design and textures with plan.

Careful consideration should be given to the root system of trees to be planted in relation to any structural foundation and sewerage.

BASIC DESIGN FOR PERTH – climate factors

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APPENDIX 4 - RECTORY GUIDELINES Current building codes and standards along with the following guidelines have been set down not only for the use of parishes contemplating a new Rectory, but also to encourage parishes, as the opportunity arises, to upgrade existing residences. They are to be considered as the minimum requirements unless otherwise stated, or agreed to by Diocesan Council.

It must be remembered that the primary function of a Rectory is to provide a residence for clergy and their families.

Variations may be considered by Diocesan Council where it is demonstrable that alternate plans are in the best interest of the Parish’s medium to long term sustainability, and suit the specific requirements of the incumbent clergy.

1. Architect

The parish has two alternatives with regard to the use of an Architect:

1.1 The Diocesan Property Manager can be asked for a short list of qualified architects or reference can be made to the Royal Australian Institute of Architects (WA Chapter) who will supply a list of its members practising in Western Australia.

1.2 It may prefer to choose a basic design from one of the home builders. These builders are usually prepared to make amendments to their standard design to suit particular requirements and their own design staff will then prepare the sketch plans. This may involve an extra cost.

Note: Ensure in the planning process attention is paid to environmentally friendly and energy star ratings of white goods and appliances being installed in the Rectory. (Refer 2.6)

2. Orientation of Rectory

Given the opportunity to position our house on a block of land the way we want to, are there any things we should take into consideration before making the final decision?

The definitive restrictions to the positioning of a house are the block boundaries, the size of the house and council setback requirements. The aspect which is often over looked is the weather.

The prevailing wind in Perth is a south westerly. In summer, this rates as the strongest prevailing wind in Australia. While it undoubtedly brings relief to suburban residents, it should be kept in mind that the house’s position – and even the location of windows and doors – has some bearing.

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For example, doors and windows facing the south-west are open to the wind – and any dust, insects and other debris it carries. Ideally the front door should face north-east or at least north.

Windows facing north will admit more sun than those facing south – and should have awnings or shades in summer, to keep rooms cooler and retard fading of curtains and furnishing. This applies even more to windows facing the west.

3. Rooms – function and relationships

The following should be regarded as a minimum standard, taking into account facilities that may already exist in facilities elsewhere in the worshipping centre and thereby avoid unnecessary duplication of resources.

3.1 Study (minimum 12 square metres) Internal access from entrance hall and external access from front porch are required. Should be adequately soundproofed including a solid core door for the internal access. This must include a wall of bookshelves.

3.2 Entrance Hall Large enough to incorporate a storage cupboard for visitor’s coats, etc and seats for two people.

3.3 Lounge (about 18 square metres) The size of this area largely depends upon its relationship to the family room and the dining room. It could also be influenced by the size of the openings desired to outdoor areas. It should be able to accommodate meetings for 15 people at least. Heating and air conditioning are essential.

3.4 Dining Room

Should be related to kitchen and to lounge – possibly designed with double doors to lounge to provide facility for lounge and dining room to be used together as one large room on certain occasions.

If the dining room is designed as a separate area, the minimum size should be able to accommodate six people. Some L shaped designs combining the dining room and lounge are successful, and may reduce the required minimum area.

3.5 Kitchen/Family Kitchen work area is to include adequate number of benches and should include a recess for a refrigerator (minimum 1 metre width) and dishwasher. The relationship between the sink, stove and refrigerator to be planned for optimum work flow. A pantry should be built in if possible. Adequate double power points. Consideration should be given to an exhaust fan and energy efficient stove etc Family room is to include area for breakfast table and chairs (for informal eating) and a generous seating/play area for family/children. NB: Kitchen/dining/living areas are to be closely related.

3.6 Four Bedrooms

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Parish Council should note that possible appointments of rectors are restricted if there are less than four bedrooms.

In any case the design must allow the ready addition of a fourth bedroom if it is not constructed initially. Three rooms must be able to accommodate two persons in each case.

Bedroom 1: (Minimum 17 square metres) Large enough for double bed, dressing table, two chairs. Built-in robes are to be provided and with en suite. Adequate double power points.

Bedrooms 2 & 3: (Minimum 10 square metres) Each large enough to accommodate twin beds, dressing table, desk. Built-in robes are to be provided. Adequate double power points.

Bedroom 4: (minimum 9 square metres) Large enough to accommodate a single bed, dressing table, desk. Built-in robes are to be provided. Adequate double power points.

3.7 Bathroom To include bath with a shower recess separate from the bath; vanity basin. Adequate double power points. Mechanical exhaust. Install water saving shower heads and taps where possible.

3.8 WC Two WCs as standard, one separate and one in en suite along with the units being water wise “dual flush” systems Mechanical exhaust to be provided. Desirable to have one near public area of house.

3.9 Laundry

Single suds save stainless steel trough should be provided. Space needed for washing machine, bench, broom cupboard, linen cupboard and double power outlets and ironing space.

3.10 Floor Coverings Where the house has been erected on a concrete slab, appropriate floor covering, (tiles, timber or carpet) should be provided in all rooms.

3.11 Blinds or effective drapes are to be provided for all windows taking into considering sun block qualities.

3.12 Garage A double lockable garage is to be provided

3.13 Drives & Paths Adequate access to house, carport, clothes line and outdoor activities should be provided.

3.14 Flyscreens

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Security screen doors which comply with Australian Standards are to be fitted to all front doors of rectories. Security fly screens are to be fitted to all Rectory windows.

3.15 Hot Water

Adequate hot water must be provided for family use; consider all alternatives according to the location, preferably low pressure mains gas. Avoid electricity and look at energy efficiency of gas or solar hot water systems.

3.16 Heating Gas or reverse cycle air conditioner heating should be provided in family and living room, possibly back to back unit. Check on current costs of particular form of heating being considered along with energy efficiency ratings. Power outlets to be provided.

3.17 Insulation (batt type not foil) Shall be provided for the whole house.

3.18 White Ants

Treatment essential during construction and inspections to be carried out annually.

3.19 House to be fenced as necessary. 3.20 Clothes Line Hoist

To be provided, type depends on space available.

3.21 Garden shed is to be provided; it is desirable that is incorporated into the rear or side of the garage.

3.22 Additional Desirable Facilities (a) Outdoor living area/patio – integrated with internal living. (b) Overhead cooling fans in bedrooms if not air conditioned. (c) Air conditioning should be standard in new home constructions

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For New Buildings and Alterations to Existing Buildings,

Monuments/Plaques & Ornaments

(As required under Section 60.2 of the Ordering of Worshipping Communities Statute 2007)

60.2 The issue of a Faculty by the Archbishop and Trustees, on the application of the Rector and the Wardens, is required before the following acts can take place on property of which a Worshipping Community is the beneficial owner:

a) the erection of a new church or other building;

b) alteration of any kind to the fabric of an existing church or building;

c) the erection, renewal, removal or alteration of monuments or plaques; or

d) alterations or additions to any fittings or ornaments of a church.

60.3 When a Parish Council intends to undertake any building project it must follow any procedure prescribed by the Trustees.

Parish/Worshipping Community of ...................................................................................................................

Contact Name ........................................................................................................................................................

Phone Number .......................................................................................................................................................

Email address .........................................................................................................................................................

Please give a description of the proposed building work (e.g. new build, renewal, removal, addition or alteration). Please attach all available construction plans, explanatory diagrams and photographs to this form.

Address of Proposed Work ..................................................................................................................................

...................................................................................................................... Post Code ........................................

Details of Proposed Work.....................................................................................................................................

...................................................................................................................................................................................

...................................................................................................................................................................................

PART 2 of 4

PROJECT DESCRIPTION

PART 1 of 4

APPLICANT CONTACT DETAILS

APPENDIX 5 – FACULTY FOR NEW BUILDING / ALTERATIONS

FACULTY APPLICATION

THE ANGLICAN DIOCESE OF PERTH, PROPERTY DEPARTMENT

SWANLEIGH, 58 YULE ROAD, MIDDLE SWAN, WA 6056

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1. Estimated total cost of project:

2. Method of financing:

.........................................................................................................................................................................

.........................................................................................................................................................................

.........................................................................................................................................................................

.........................................................................................................................................................................

.........................................................................................................................................................................

.........................................................................................................................................................................

.........................................................................................................................................................................

If borrowing is necessary, please attach: a) letter from ACF setting out details of total loan, interest rate and repayment

arrangements, and b) parish budget estimates for the next three years.

3. Other financial details (if required):

.........................................................................................................................................................................

.........................................................................................................................................................................

.........................................................................................................................................................................

.........................................................................................................................................................................

.........................................................................................................................................................................

.........................................................................................................................................................................

.........................................................................................................................................................................

PART 3 of 4

FINANCIAL DETAILS

$

Page | 30 Updated 3 September 2014

1 APPLICANTS

We, the undersigned, hereby apply for the issue of a Faculty for the project described above:

Rector

Warden

Print Name ................................................................

Signature...................................................................

Print Name ................................................................

Date: ..... / ..... / 20....

Signature................................................................... Date: ..... / ..... / 20....

Warden Print Name ................................................................

Signature........................................................... ..... Date: ..... / ..... / 20....

2 ARCHDEACON (Signature to be sought prior to submission to Property Department) We, the undersigned, recommend the approval of a Faculty for the project described above:

Archdeacon ................................................................. Date: ..... / ..... / 20....

3 ARCHITECTURAL COMMITTEE

We, the undersigned, recommend the approval of a Faculty for the project described above:

Chairman .................................................................................. Date: ..... / ..... / 20....

4 THE PERTH DIOCESAN TRUSTEES

I, the undersigned, hereby issue a Faculty for the project described above:

Diocesan Secretary ..................................................................... Date: ..... / ..... / 20....

5 THE ARCHBISHOP

Archbishop of Perth ................................................................... Date: .... /..... / 20....

PART 4 of 4

APPLICATION FOR AND APPROVALS TO ISSUE FACULTY

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APPENDIX 6 - WORKING WITH THE ARCHITECT

1. Policy The Diocesan Council requires a parish to engage an architect for all building projects except in the case of a Rectory which is constructed according to an approved “project house” design.

It makes good sense to engage an architect because architects:

- are fully qualified to design buildings. - design to meet specific requirements and be economical, functional and within your

budget. - prepare complete documents to enable the building to be erected and finished, and - safeguard your interest during construction by doing inspections and ensuring cost

control.

2. Choice of Architect Only persons who are professionally qualified are allowed by law to call themselves an architect. Architects are able to design all types of buildings; however, they differ in design approach and professional experience and some tend to specialise. Therefore it may be advisable to engage an architect whose reputation is known for a particular style of design or type of building.

The Diocesan Property Manager will give a list of the names of some of the architects who have recently designed successful buildings for the Church. It is the responsibility of the Parish Council to check out the work and experience of these architects. They can ask the Property Manager informally to comment on the architects and they can also informally ask Rectors of parishes where the rectories or parish centres have been built. They are also advised to inspect other parish centres.

In WA there are few architects who have specialised in ecclesiastical architecture. This means that the architects have few pre-conceived concepts and are open to instruction. On the other hand, most will need to be briefed in practical liturgical requirements.

Most architects are members of the Royal Australian Institute of Architects. Advice regarding publications and books on a wide range of topics for further information can be obtained by telephone reference to the Secretary of the WA Chapter of the Royal Australian Institute of Architects. Architect and Church For all intents and purposes, the Parish Council is the “client” who engages an architect. However, both Parish Council and Architect need to realise that designs need to be approved by the Diocese and that the building contract (for legal reasons) will be established between the builder and The Perth Diocesan Trustees.

The above arrangements should be communicated to architects in initial conversations regarding proposed developments.

3. Brief It is essential that the parish gives the architect clear instructions, confirmed in writing, as to what it requires

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A brief is established with respect to preliminary drawings/schematic design, developed sketch design working drawings and specifications only or supervision of construction as well. See “Specimen” letters in appendices.

A brief should include the following: -

i) A short statement on the philosophy to be expressed through the building and its activities. ii) Statement of Diocesan Policy (see page 18) iii) Accommodation needs. (See Appendix 1) iv) Budget (including all fees, building, furnishing, landscaping, etc)

The Architectural Advisory Committee Parish Council of Diocesan Council should be consulted early on by the Parish Council and their architects regarding the creation of a brief for any building project.

Probably the final brief will evolve from conversations between the Parish Council and the architect over the four areas listed. This final agreed brief must be put in writing also.

4. Architectural Services

i) Requirements The architect will help you with your building site. He will then help you define your basic space and usage requirements and their functional relationships. At this stage a budget figure and fees should be discussed and you should provide a copy of title deeds and a survey plan of the site, which may be obtained from the Diocesan Secretary.

ii) Preliminary Drawing/Schematic Design From these requirements, the architect will be able to produce a schematic design which will show in principle a solution to the functional problems involved. A preliminary cost analysis can then be made. Schematic designs of Parish Centres need the approval of t h e Archbishop.

iii) Fully Developed Sketch Design (annotated) Here the architect turns the schematic design into fully developed (annotated) sketches, plans and elevations of the building.

Estimates of building cost and construction time are then calculated. This is a vital stage in the project, where close co-operation and understanding between the Parish and architect are essential. The Architect, who has expert up-to-date knowledge of building regulations and the requirements of various authorities, will design the building within these limitations. The Architect may advise the Parish the need to engage specialist consultants [e.g. structural engineer, quantity surveyor, mechanical and air conditioning, electrical, hydraulics, acoustician (sound expert).]. Changes can be made quite easily while the building is only at this design stage.

The fully developed sketch design needs to have the approval of the Architectural Advisory Committee.

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iv) Working Drawings and Specifications When the Parish and Diocese have approved the sketch design, the architect will then prepare working drawings and specifications. These are detailed documents, which described exactly the construction, materials and finishes to be used in the building. During this stage the architects will co-ordinate the work of any specialist consultant involved in the project. Later scale details may also be prepared so as to explain the more complex parts of the building.

The Parish needs to forward the working drawings and specifications with a cost estimate to the Diocese for approval.

v) Calling Tenders The Parish Council decides whether to ask for all tenders or to choose selected tenderers. If they decide to choose selected tenderers, the Parish Council would be well advised to investigate informally from the Diocesan Property Manager which builders have performed satisfactorily recently on parish centres. They could then ask informally the Rectors of parishes whether they have been happy with the performance.

The working drawings and specifications, together with the consultants’ documents, are submitted to the builders to obtain competitive tenders. These documents are also submitted to the local Council to obtain permission to build. When the tender offering the best value is accepted, the architect will prepare a suitable contract for the building. This contract in fact will be between the recommended builder and The Perth Diocesan Trustees. Therefore the architect will now need to liaise with the Diocesan Property Manager.

vi) Periodic Inspections and Progress Payments During the progress of the building, the architect will make periodic inspections to ensure that construction of the building is in accordance with the working drawings and specifications. This will guard against defects and deficiencies occurring in the works. Progress payments due to the builder are checked and certified by the architect at various stages during the work, until completion.

vii) Fees Fees will vary depending on the size of the project, location, complexity, etc. The preferable arrangement is the establishment of a lump sum fee. Percentage fees are no longer appropriate nor necessarily common practice since recommended fee scales have been discontinued by the RAIA.

Fees should be discussed at the inception of the commission and formally agreed by both parties, in writing. Consultants’ fees where applicable are not generally included in the architect’s fee, but are paid separately by the client. Fees should be discussed and agreed upon as early as practicable in writing.

The RAIA produces standard documents for the agreement between client and architect, including detailed conditions and obligations of both parties.

Additional Services The architect can provide other additional services, such as existing building reports, interior decorating, landscaping and furniture designs and layouts, and the production of models. Additional fees may be charged for any of the above.

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APPENDIX 6.1 - SAMPLE LETTER TO ARCHITECT 1

PRELIMINARY DRAWING SCHEMATIC DESIGN

Dear Sir or Madam,

The Parish Council of St …………………………….. confirms its invitation to you to accept an appointment as their Architect for a proposed Parish Centre to be erected on Lot ………….. (Street) ……………………………………… (Suburb) .…………………………………………………………….within a budgeted figure of $……………………………….

We require you to evaluate the enclosed brief of requirements in the Diocese of Perth’s booklet titled “Building Handbook for Worshipping Communities” together with the attached specific information relating to this parish, and prepare a schematic design with a preliminary estimate of cost.

We understand that the fee for architectural service involved would be: (i) Schematic design stage is 15% of the agreed cost of architectural charges.

(ii) Design development – sketch plan stage a further 15% of the agreed cost of architectural charges.

(iii) Contract document stage – preparing working drawings, specifications for tenders a further 40% of the agreed cost of architectural charges.

(iv) Contract administration – calling of tenders, advising on tenders, drawing up the

contract documents, inspecting the works and issuing instructions, variation orders and certificates, 30% of the agreed cost of architectural charges.

If you are prepared to accept this commission, would you please confirm your acknowledgement in writing.

We would appreciate your earliest submission of the schematic design for consideration by the Parish Council, so that approval may be obtained to instruct you to proceed further with the proposal

Please advise when you anticipate these documents should be available.

Yours faithfully,

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APPENDIX 6.2 - SAMPLE LETTER TO ARCHITECT 2 SKETCH PLANS & REVISED COST ESTIMATE

Dear Sir or Madam,

We are pleased to confirm our verbal authority to proceed with the design development stage to the preparation of sketch plans for the new proposed Parish Centre of St …………………………………….

Your submissions should include 1:100 scale plans, section, all elevations, together with a revised estimate of cost in accordance with the approved schematic design, incorporating amendments as advised.

Would you please advise when you anticipate these documents should be available.

Yours faithfully,

NB: All communication should be made through the Parish Council Secretary to the Parish Council.

APPENDIX 6.3 - SAMPLE LETTER TO ARCHITECT 3

WORKING DRAWINGS SPECIFICATION AND CONTRACT DOCUMENTS – SUGGESTED LETTER TO ARCHITECT

Dear Sir or Madam,

We are pleased to extend your appointment to prepare working drawings and specification for the proposed Parish Centre of St……………………

When these documents are completed would you please forward them to us for submission to the Diocesan Council’s Architectural Advisory Committee for their information.

You will then be advised in writing of the Parish Council’s intention of furthering your commission to call tenders, report on the results with a recommendation of a suitable builder, arrange the acceptance of the tender, administer the signing of the contract, perform regular inspections of the works, and issue instructions, variation orders and certificates during its progress.

Would you please advise when you anticipate that these documents should be available.

Thank you.

Yours faithfully,

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APPENDIX 7 - APPROVAL PROCESS

PROCESS FOR APPROVALS RELATING TO PARISH PROPERTIES - SALE, SUBDIVISION, BUILDING IMPROVEMENTS

1. APPROVAL PROCESS 1.2 Parish Council’s approves the sale, subdivision, building process, following early consultation with the Diocesan Property Manager.

1.3 Parish Council’s representative (or request the PDT) to obtain zoning details from the appropriate council prior to submitting request to Diocesan office.

1.4 A formal letter, with faculty and a copy of minutes approving the process is sent to:

1.4.1 Diocesan Office – marked to the attention of the Diocesan Property Manager. 1.4.2 A cash flow analysis on the project and how the parish expects to meet

repayments from loans should be provided. 1.4.3 The Diocesan Property Manager will often meet with the Parish depending on

the extent of the development/subdivision/building/renovations just to clarify and fully understand what is required to enable proper presentation to councils/committees.

1.5 The internal process followed once the application is received by the Diocesan Property Manager. For the Architectural Advisory Committee to provide their recommendation, and then for approval by the Archbishop and or Diocesan Council and the Perth Diocesan Trustees.

Only upon receipt by the Parish of approval in writing from PDT can any proposal be considered approved. The Diocese advise the Parish of the outcome of the project approvals process via letter including the resolution passed and noting such items as GST is applicable on sales of commercial properties and land and at times on Churches if they are sold.

2. OTHER ITEMS FOR CONSIDERATION

a) The Diocese Property Manager will write directly to the Parish or a member of the Architectural Advisory Committee will contact the Parish in relation to any queries/non standard submissions and should any amendments be required the Parish can organise and resubmit the proposal. A current contact numbers for current members of the committee can be provided for further discussion with Architectural Advisory Committee members should the need arise.

b) All documents must be signed by The Perth Diocesan Trustees eg: WA Planning Commission, Water Corporation, Western Power, Alinta Gas and any legal documents. (Parishes are not legal entities and require the signature of The Perth Diocesan Trustees to enter into agreements etc).

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c) For subdivisions it is not wise for Parishes to embark on this process on their own and important they engage property consultants to assist them to carry out the process.

d) Once a parish has a building project underway it is important they appoint a Building Project Manager from within the parish to ensure the builder has a point of contact and important for the Diocesan Office to have a liaison person to verify on sign offs on progress payments/plan variations etc.

e) If Diocesan Office is assisting with project management, they will sign off on plan variations etc in conjunction with a parish representative.

f) The Diocesan Office is available to assist to sourcing planning consultants and building contractors as well as providing general advice on property matters.

g) Parishes are to keep the Diocesan Office aware of all proposed changes to buildings

and land holdings.

Any enquiries can be directed to the Diocesan Property Manager on (08) 9325 7455 or [email protected]

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Appendix 8 OCCUPANCY AGREEMENT – Clergy in Parish Rectories and other Diocesan Owned Housing

Dated: / /

Between: The Perth Diocesan Trustees and The Reverend…...

Property: ……………….

Period of Agreement: from / /

until end of appointment or until otherwise agreed

The Occupier will:

a. Ensure the premises are used only as a residence. b. Takes care of the residence and keeps it in a clean condition, in particular;

i. Keep the grounds and gardens tidy and free from weeds and rubbish. Keep up and preserve in good condition any lawn and gardens to the residence. **Do not cut down any trees without the consent of the Diocese Property Manager.

ii. Keep the guttering and storm water down pipes free from debris and foul matter. iii. Take special care of the Diocesan items within the residence including carpets, curtains

and/or blinds. iv. Make no alterations or additions to the residence without the consent of the Diocese. v. Do no decorating that involves marking, defacing or painting any part of the premises,

without the consent of the Diocese. vi. Ensure that nothing is done that might prejudice any insurance which the Diocese [Diocese]

has in relation to the residence. vii. Take all reasonable precautions against the outbreak of fire in the premises. viii. Notify the Diocese promptly of any loss, damage or defect in the residence.

Note: The Diocese will provide to the Tenant a Property Condition Report that describes the condition of the Premises and any Inventory at the commencement of the Lease. The Tenant agrees to return to the Diocese a signed copy of the Property Condition Report and Inventory within (7) days of receipt. The Report when signed by the parties and returned to the Diocese shall be conclusive evidence of the accuracy of the description of the Premises and its contents.

When vacating the occupier will;

Ensure the building is cleaned and handed back to the Diocese to the standards outlined in Policy No. 32 “The Care and Maintenance of Diocesan and Parochial District Homes.”

Period of notice

A minimum 2 months notice of termination of this agreement is required, by either party.

Dated:

Signed

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APPENDIX 9 - Checklist for Deconsecrating and Sale of Churches

Once the sale has been approved by Parish Council, Assistant Bishop, Archdeacon, Diocesan Council and The Perth Diocesan Trustees a letter is sent from the Diocesan Secretary to the Council Secretary (cc: The Rector) advising same.

The Parish will need to arrange for: 1. The Church to be deconsecrated by a Bishop

(Discuss this with the Assistant Bishop and arrange for a service to be held. A letter will be forwarded by the Archbishop’s office confirming the deconsecration)

A deconsecration license is issued by the Archbishop on the date set down for the service. It may be appropriate to advertise the service in The West Australian and local newspapers to ensure past Parishioners and their families have the opportunity to attend the service.

If a Memorial Garden containing ashes and/or memorials is present appropriate plans for the removal and relocation of earth and/or memorials to another consecrated site will be necessary

Advise family members and descendants of those interred in the garden. Locating family members and descendents can be done by contacting the local Historical Society or Electoral Role. It is recommended that the Parish place an advertisement in the “Public Notices” of The West Australian and local newspaper. Refer to Page 10 of the Parish Building Handbook.

3. Removal of ecclesiastical items and items of significant or

sentimental value to the Church, such as:

Memorial plaque

Foundation stone

Stained glass windows

Altar

Pews

Brassware

Lecterns/Prayer Books/Banner

Prayer Desk

Font

Bell/Tower

Other

(these items can be relocated to another church in the Parish, donated to another Parish and /or organisation or returned to the family that donated the item [if applicable])

4. A Faculty form must be submitted for the removal of any items altering the fabric of the

building.

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APPENDIX 10 - Replacement Cost for Rectories, Churches & Halls as at 1 August 2015 Using the properties square meterage to calculate the insurance and replacement cost for the rectory.

A single storey property on a good plot would be approximately $1575 m2.

A two storey property on a good plot would be approximately $1575 m2 for the ground

floor and $2100 m2 for the upper floor.

The garage/carport area of the property would be approximately $1155 m2.

To calculate a replacement cost for the rectory, an accurate measurement of the square meterage of each building would be required. Examples A single storey rectory of 100 m2 with a 36m2 garage/carport would have an insurance/ replacement value of $205,004. Calculation 100 x $1575 = $157,500 36 x $1155 = $ 41,580 Total $199,080 A double storey rectory of 100 m2 on the ground floor and 50m2 on the second floor with a 36m2 garage/carport would have an insurance/ replacement value of $340,154. Calculation 100 x $1575 = $157,500 50 x $2100 = $105,000 36 x $1155 = $ 41,580 Total $304,080 Using the properties square meterage to calculate the insurance and replacement cost for the churches and halls.

A hall of reasonable build quality would be approximately $1365 m2.

A hall of good build quality would be approximately $1900 m2.

A Church of basic design would be approximately $1900 m2

A Church of good quality design would be approximately $3255 m2

A multipurpose Church centre of basic design (Church, hall, kitchens, toilets) $1,900m2

A multipurpose Church centre of good quality (Church, hall, kitchens, toilets) $2,500 m2

To calculate a replacement cost for the Churches and Halls, an accurate measurement of the square meterage of each building would be required. Examples A hall of reasonable build quality which is 100 m2 would have an insurance/ replacement value of $136,500 Calculation 100 x $1365 = $136,500

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A Church of basic design which is 100m2 would have an insurance/ replacement value of $190,000. Calculation 100 x $1900 = $190,000 Additional Information Each building will be of different construction and historical value, so allowances should be made accordingly and consideration given to the quality of the fixtures and fittings within the building when deciding on the m2 value, i.e. inclusion of stained glass, ornate wood carving, etc. Should the property be heritage listed or of historical significance, then this could increase costs by 25% to 50%, depending on the materials selected, design and significance. Other considerations that could affect the build cost is if the building is outside Perth. An additional margin should be allowed for to reflect higher building costs in these areas, e.g. add 5% mark up to Perth building costs if the property is in Busselton, 7% -10% in Geraldton, 45% in Broome, and 50% in Derby. Also if the site is a difficult one, it can add an additional 20% to the build cost. Should there be an existing building on the site, then demolition costs should also be taken into account, and an approximate cost would be $250 m2. Should Parishes wish to take the opportunity to have their buildings inspected by a builder and a comprehensive property condition report compiled, outlining urgent works and estimated costs of the repairs and maintenance required, then this report would allow Parishes to program and budget for works according to urgency. Property condition reports can be organised via the Diocesan Property Manager. Contents Insurance Every Parish should also have an amount specified for contents insurance, to cover;

Floor coverings

Window treatments

Furnishings

White goods The personal contents/possessions of the rectory occupant should be insured separately, under the occupant’s personal contents insurance policy.

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Hall Hire License - Schedule 1

Item 1 Licensor [Parish/Diocesan Entity and details of Diocesan Representative and contact details]

Item 2 Licensee [Name, address, contact details of Licensee]

Item 3 Facility The Hall/building situated at together with the Licensor’s Property at, in or on the Facility.

Item 4 Public Liability Insurance In the sum of $5,000,000.00 for any one event. Either:

(a) the Licensee has arranged its own insurance cover as evidenced by the certificate of currency attached to this Licence; or

(b) the Licensee requires the Licensor to arrange the Public Liability Insurance for a fee calculated at $25.00 per day subject to the payment by the Licensee of $250.00 excess for any damage to the Licensor’s Property. (See clause 4(d) regarding payment).

Item 5 Permitted Use Tick the appropriate box

[ ] Private birthday party, celebration, wedding reception.

[ ] Community groups meeting for afternoon tea.

[ ] Craft groups.

[ ] Parent and child groups.

[ ] Fetes and fairs. Stallholders must meet all r e q u i r e m e n t s as set out by the Health Department (if required).

[ ] Musicians using Facility for non-commercial purposes (but not musicians who perform elsewhere).

[ ] Dance practice, not associated with a dance school or lessons and no fees charged.

[ ] Informal support/self-help groups.

If the Permitted Use is not one of the above-mentioned uses, Clause 1(d) applies:

[ ] Other (non-personal) use (specify):

Item 6 Term From:

To:

Item 7 Fee $

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License Terms and Conditions

1 Right to Occupy

a) The Licensor will allow the Licensee to occupy the Facility for the Term on the

following terms and conditions.

b) The Licensor will not unreasonably interfere with, or disturb, the Licensee’s use of

the Facility during the Term.

c) Where the Term is for a Permitted Use in the evening, the Licensee must conclude

its use of the Facility by 12:00 midnight and vacate the Facility by 1:00AM.

d) Where the Permitted Use specified in Item 5 of Schedule 1 is ‘Other (non-personal)

Use’, then the Public Liability amount will be not less than $10,000,000.00 for any

one event and otherwise clause 3 Insurance applies to the Licensee’s insurance

policies.

e) For the purpose of clause 1(d) ‘personal’ means that the Licensee is an individual,

an unincorporated group meeting or a non-commercial, non-political, non-

cause/crusade purpose and the use of the Facility is not open to the general public

and the Licensee does not have a Public Liability Policy.

2 Licensee’s positive obligations

a) the Licensee agrees to:

i) pay the Fee prior to occupying the Facility.

ii) use the Facility only for the Permitted Use.

iii) leave the Facility in a clean and tidy condition to the Licensor’s satisfaction,

including cleaning any white/back boards.

iv) remove all rubbish.

v) return the Facility to the condition in which it was handed to the Licensee,

including returning anything moved by the Licensee to its original position and

ensure that furniture is lifted and not dragged to protect flooring.

vi) switch off all lights, fans, heaters, air conditioners and other electrical equipment

before vacating the Facility.

vii) secure windows and doors on vacating the Facility.

viii) return all keys to the Licensor.

b) The Licensee agrees not to:

i) remove any of the Licensor’s property from the Facility.

ii) use any exhibits or decorations in the Facility without the Licensor’s prior

consent.

iii) cause damage to the Facility, the Licensor’s property and to give notice to the

Licensor of any loss or damage to the Licensor’s property. The Licensee is

responsible for the repair of any damage caused and the replacement of any

damaged Licensor’s property.

iv) permit smoking within the Facility.

v) create a nuisance by noise or otherwise to the adjoining owners and occupiers.

vi) carry on any illegal activity.

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3 At the end of the Term

The Licensee must remove the Licensee’s property from the Facility. In removing the Licensee’s property, the Licensee must:- a) do no damage to the Facility, the building or the land (and immediately make good

to the Licensor’s reasonable satisfaction any damage caused in removing the

Licensee’s property);

b) remove all rubbish and leave the Facility, the Licensor’s property, the building and

the land used in removing the Licensee’s property, clean and in good condition; and

c) comply with the Licensor’s reasonable conditions about removal and make good

works.

4 Insurance

a) The Licensee must, at its own expense, take out and maintain, over the Facility a

public risk policy that gives a minimum cover for each accident, event or claim for the

amount specified in Item 4(a) of Schedule1, or if the Licensor notifies the Licensee,

any reasonable higher amount. If clause 1(d) applies, the Licensee must take out and

maintain the amount specified in clause 1(d). The insurer must be acceptable to the

Licensor. The cover provided under this policy must not be contributory with any

policy the Licensor takes out and must include the following extensions:

i) loss or damage to fixtures, fittings, accessories in the Facility owned by the

Licensor; and

ii) indemnity for any claims made against the Licensor arising out of the Licensee’s

use and occupation of the Facility.

b) The Licensee must give copies of the insurance policies to the Licensor before taking

possession of the Facility under this License.

c) Clauses 3(a) and 3(b) do not apply if the Licensee has requested the Licensor to

arrange the Public Liability Insurance under Item 4(b) of Schedule 1.

d) If the Licensee requests the Licensor to arrange the Public Liability Insurance

pursuant to Item 4(b) of Schedule 1, the Licensee must pay the Licensee’s

contribution not less than 7 days prior to the commencement of the License.

5 Indemnity

a) The Licensee must indemnify the Licensor from and against all claims which the

Licensor may suffer or incur in connection with the loss of life and or personal injury

to any person and or damage to any property (wheresoever’s occurring):-

i) arising from or out of any occurrence at the Facility;

ii) arising from or out of the use by the Licensee of the Facility or any part of it; or

iii) Occasioned wholly or in part by any neglect or omission by the Licensee or by the servants, agents or lawful visitors of the Licensee or by any other person or persons using or upon the Facility.

b) The Licensee occupies the Facility and uses the Facility at the Licensee’s own risk.

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6 Nature of Interest

The rights given by this License are in contract only and may not be assigned. Nothing contained in this License creates any tenancy or other interest in the Facility.

7 Additional Terms

The additional terms, covenants and conditions (if any) set out in Schedule 2 are incorporated in this License as if fully set out in the License. If there is any inconsistency with the term, covenants and conditions of the License, the terms, covenants and conditions set out in Schedule 2 prevail.

Dated 20

Signed on behalf of the Licensor

SIGNED by [NAME] in the presence of:

Witness Signature

Witness Name in Full

Witness Address

Witness Occupation

[NAME]

Schedule 2 - Additional Terms

Tick applicable Additional Terms:

[ ] The Licensee must not, or must not permit, the parking of vehicles in the Licensor’s driveways at any time.

[ ] The Licensee must, at its own expense, or when directed by the Licensor, in the Licensor’s sole discretion, arrange for police attendance.

[ ] The Licensee must not permit the use of barrels or drums of ice in the Facility.

[ ] The Licensee must not move any pianos without the prior consent of the Licensor. The Licensor, in its sole discretion, may require that the piano is moved by professional removalists at the Licensee’s cost.

[ ] The Licensee must ensure that there will be no access to any stage, or the rear of any s tage .

Any stage curtains may only be used with the Licensor’s prior consent.

[ ] The Licensee must not allow the amplification of music without the Licensor’s prior written consent. If the Licensor consents to the Licensee’s amplification of music:

(a) the volume must be kept to acceptable levels in accordance with the Environmental Protection Act 1986.

(b) the volume of the music must be turned down by 11:00PM and turned off by 01:00AM.

[Note: Licensees are advised that unreasonable noise emissions from the Facility is an

offence under the Environmental Protection Act 1986]

[ ] The Licensee must not sell alcohol at the Facility. The Licensee must not serve alcohol to minors.

[ ] The Licensee will ensure that guests disperse quickly and quietly to respect the rights of adjoining residents.

Bond

[ ] The Licensee must deposit the sum of $ (Bond) with the Licensor as security for the Licensee’s observance of the Licensee’s obligations under this License and for any damage and/or extra cleaning. The Licensee is liable for the cost of all damage and/or extra cleaning. If the Bond is insufficient to cover the cost of the damage and/or extra cleaning, the balance is payable by the Licensee to the Licensor on demand. The Bond is forfeited if the Licensee breaches any of the terms and conditions of this License. The Licensor agrees to return the Bond on the later of:-

(a) the date the Licensee has complied with all its obligations under this License; and

(b) End of the Term.

The Bond will be forfeited if the Licensor terminates a function, with or without police assistance. Complaints from residents in the vicinity of the Facility may result in the forfeiture of the Bond.

The Bond may be forfeited if the booking for the Facility is cancelled with less than 2 weeks prior written notice to the Licensor.

Updated 3 September 2014

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