Council Report - MCU18 0102.03 (As Published) · MCU18/0102.03

               PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT                                10 FEBRUARY 2026


                                  b) is provided to accommodate the number and type of vehicles and motorcycles
                                     likely to be generated by the development.
                      The proposed use and carparking is generally considered to meet the above outcomes as
                      the site is well located in walking distance to surrounding accommodation and likely users,
                      is on bus route and peak times are likely to be outside peak operations of the surrounding
                      commercial development.
                      Whilst the applicant has demonstrated that the existing carparking on site has been sufficient
                      for the use during the 12 month period it operated in 2023, it is recommended that a new
                      condition be included to allow for the Food and Drink Outlet to operate for 12 months and for
                      further written consent from Council to be required to continue to the use after this time.
                      Consent via written consent will mean that there is no financial impost by way of an
                      application fee to change the development approval but permits Council the ability to
                      continue to review the matter.


               The assessment of the earlier Other Change application addressed the relevant matters to be
               considered and demonstrated the suitability of the site to accommodate the Food and Drink Outlet
               use. This position was supported at the January 2024 round of Council meetings.
               Furthermore, the 12 month ‘trial’ period has demonstrated that no unreasonable impacts have
               resulted from the Food and Drink Outlet use with no complaints having been made with no
               submissions made to the current or previous Other Change application.
               It is noted that the approved development incorporates measures to minimise impacts on
               surrounding residential areas, including internalised and screened recreational spaces. The
               existing conditions of approval further mitigate potential amenity impacts by restricting operating
               hours for facilities such as the pool and sundeck and requiring a manager/receptionist to be present
               on-site at all times.
               Accordingly, it is recommended that the application be approved and condition 65 amended to
               read:
               A Food and Drink Outlet is approved and must be operated within the area identified on the
               approved plans.
               Furthermore condition 4 is recommended to be updated to reflect the 190m2 use area of the Food
               and Drink Outlet with the table of approved plans updated to reflect the set of Generally in
               Accordance Plans approved in 2021.


               5.     CONSULTATION
               5.1. Referral Agencies
               Not applicable.
               5.2. Internal Council Referrals
               Not applicable.
               5.3. Public Notification
               The application was publicly notified for 15 business days in accordance with the Planning Act
               2016. 0 properly made submissions were received.
               6.     HUMAN RIGHTS COMPATIBILITY STATEMENT
               In developing this Report, the subject matter has been considered in accordance with the
               requirements of the Queensland Human Rights Act 2019. It is considered that the subject matter
               does not conflict with any human rights and supports a human rights approach to decision making
               by Council. Council representatives will endeavour to act and make decisions under this report in



Document Set ID: 24431379
Version: 6, Version Date: 23/01/2026