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  12. Step 2 — Approvals

Step 2 — Approvals

Consultation

Any proposal to undertake building work should first be discussed with the Diocesan Registrar. Early consultation with the Registrar is essential to minimise the possibility of unnecessary cost and delays at a later time.

Notification

For situations where the APT will be approving the building contract1, or if approval from an authority such as the local council is required for the building work, the APT should be notified (preferably in writing) as early as possible about the proposal. The initial notification need not be detailed or extensive.

Approvals

APT Approval

Any parish wishing to construct or alter a building must first obtain approval for the proposed works from the Bishop and the APT2.

The application must3:

  • be first approved by a specific resolution of a duly convened meeting of the Parish Council of the Parish in which the relevant land or building will be or is situated; and
  • be signed by the Parish Priest and two Churchwardens; and
  • be accompanied by a copy of the resolution of the Parish Council certified by the Parish Priest; and
  • be accompanied by written statements from any member of Parish Council or of any member of the Parish who objects to the proposal, detailing the nature of the objection; and
  • be accompanied, where applicable, with site plans, building plans and specifications in relation to the proposed works, draft contracts, and copies of three tenders to undertake the proposed works by an appropriately qualified and licensed contractor; and
  • where applicable, contain information sufficient to satisfy the Property Trust that arrangements will be made for the proper and adequate supervision of the proposed works; and
  • where applicable, contain a business plan, financial feasibility study, copies of audited financial statements of the Parish for the previous three years and management financial statements for the period to the month ending immediately prior to the meeting of the Parish Council at which the resolution was adopted.

LGA Approval

Approval for building work will generally be required from the local municipal council. This will usually mean obtaining development consent (or sometimes an exempt or complying development certificate) and, a construction certificate. Apart from the development consent, statutory approvals related to and conditional to the major approval may become necessary. These all need to be signed by APT representatives.

For example, if it is proposed to build on land which is listed on the local or State Heritage Register, or alter (or even repair) a building listed on such a register, the approval of the Heritage Council of New South Wales will also be required.

If a heritage grant is being applied for to fund or partially fund the work, it is important to note that an approved heritage grant is not considered by the APT to constitute “sufficiency of funds” for the APT to approve a building contract. Where grant funds will be used to pay for building works, they will need to have been received by the APT before the contract can be signed.

Signing Development Applications (and other statutory forms)

All applications for approval from local councils and statutory authorities must be sent to the APT for signing. Before the APT will sign the, “Owner’s Consent” section of a Development Application (DA) or combined DA / Construction Certificate Application, or any other statutory form, the APT will require:

  • The form itself, filled in and signed by the Applicant (the Applicant should be the Wardens or the Parish’s appointed consultant (eg. Architect). Only the “Applicant” section should be signed. Do not sign the “Owner’s Consent” section of the form;
  • A letter signed by at least two wardens (scanned by email is acceptable) requesting that the APT sign the particular form;
  • The written approval of the Bishop
  • Submission of a project cost estimate prepared by the parish
  • List the proposed funding sources (whether funds held or the intended fundraising) — note that parishes are prohibited from borrowing any monies4.

Please note the following in relation to council and other statutory forms:

  • Regardless of the value of the proposed works, wardens do not have the delegated authority to sign the “Owner’s Consent” section or field of government or statutory forms (for instance, in the case of Development Applications, the Local Government Act 1993 requires that the “Owner’s Consent” section of the application be signed by the legal owner);
  • The written approval letter from the Bishop will usually be the same letter or email that has been issued by the Bishop in his capacity as President of the APT; and for Construction Certificate Applications, the completed form (signed by the Applicant) should be send to the APT under cover of a letter signed by at least two Wardens requesting that the APT sign the Construction Certificate Application.

It should be noted that the neither the signing of a Development Application, nor the signing of a Construction Certificate Application by the APT constitutes APT approval of the proposed works, or approval for commencement of the proposed works.

For a Section 4.55 (previously Section 96) application (modification to an existing development consent) the Parish will need written confirmation from the Bishop that the proposed changes will not trigger the need for the proposal to be re-considered by the APT. Section 4.55 applications should be prepared and submitted to the APT for signature following the same process as the submission of development applications.

  1. Parishes Ordinance 2023 Ch.9.8.1 [↩]
  2. Parishes Ordinance 2023 Ch.9.6.2 [↩]
  3. Parishes Ordinance 2023 Ch.9.8 [↩]
  4. Parishes Ordinance 2023 Ch.8.3 [↩]