Negotiated Report MCU21 0110.pdf

               REPORT
               1.       BACKGROUND
               At the 15 May 2025 Ordinary Meeting Council resolved to issue a development approval for a
               Material Change of Use - Resort Complex and ancillary Bar, Food and drink outlet, Outdoor sport
               and recreation and Club (minor extension to existing clubhouse).
               The applicant suspended the appeal period on June 10, 2025, and made representations on 12
               June 2025 to the development approval conditions. The representations are detailed below but, in
               short, primarily relate to:
                    •    Reduction of the Performance Bond from $200,000 to $75,000.
                    •    Amendment to the security gate condition, limiting its requirement to the loading dock and
                         storage areas only, excluding the basement car park.
                    •    Reduction in bicycle parking spaces from 53 to 20.
                    •    Correction to the roof water harvesting condition to reflect reduced water demand,
                         consistent with the significantly downsized pool.
                    •    Minor modification to a landscaping condition to better align with bushfire management
                         requirements and allow greater flexibility in the pot size of replacement trees.
               At the time the application was publicly notified 442 objections and 1 submission in support were
               received, of these 395 were properly made.
               The submitters were primarily concerned with:
                    •    amenity impacts
                    •    traffic and road safety
                    •    noise
                    •    site suitability
                    •    environmental impact
                    •    noise pollution
                    •    inconsistency with the purpose of the Recreation and Open Space zone
                    •    the scale of the development
               2.       ASSESSMENT
               An assessment in relation to each of the submitted representations is provided below:
               Condition 24

               Performance Bond

               Security in the form of a cash bond or trading bank guarantee to the sum of $200,000 must be
               submitted to Council, to secure performance of all conditions of this approval, prior to pre-start
               meeting. The cash bond or trading bank guarantee will be returned on performance of the
               conditions of approval less any costs incurred by Council in respect of enforcing performance of
               this permit. Council reserves the right to call upon the bond or guaranteed sum to effect compliance
               with conditions.

               Applicant’s comments:

               The applicant understands other hotel or resorts developments in South-East Queensland have
               typically attracted performance bonds much lower. As the proposed bond of $200,000 is
               significantly above industry benchmarks and is also disproportionate to the risk profile of the
               development as:



Document Set ID: 23969548
Version: 5, Version Date: 30/07/2025


[OCR of page images]
REPORT
1. BACKGROUND

At the 15 May 2025 Ordinary Meeting Council resolved to issue a development approval for a
Material Change of Use - Resort Complex and ancillary Bar, Food and drink outlet, Outdoor sport
and recreation and Club (minor extension to existing clubhouse).

The applicant suspended the appeal period on June 10, 2025, and made representations on 12
June 2025 to the development approval conditions. The representations are detailed below but, in
short, primarily relate to:

e Reduction of the Performance Bond from $200,000 to $75,000.

e Amendment to the security gate condition, limiting its requirement to the loading dock and
storage areas only, excluding the basement car park.

e Reduction in bicycle parking spaces from 53 to 20.

e Correction to the roof water harvesting condition to reflect reduced water demand,
consistent with the significantly downsized pool.

e Minor modification to a landscaping condition to better align with bushfire management
requirements and allow greater flexibility in the pot size of replacement trees.

At the time the application was publicly notified 442 objections and 1 submission in support were
received, of these 395 were properly made.

The submitters were primarily concerned with:
e amenity impacts
e traffic and road safety
e noise
e site suitability
e environmental impact
e noise pollution
e inconsistency with the purpose of the Recreation and Open Space zone
e the scale of the development
2. ASSESSMENT
An assessment in relation to each of the submitted representations is provided below:
Condition 24

Performance Bond

Security in the form of a cash bond or trading bank guarantee to the sum of $200,000 must be
submitted to Council, to secure performance of all conditions of this approval, prior to pre-start
meeting. The cash bond or trading bank guarantee will be returned on performance of the
conditions of approval less any costs incurred by Council in respect of enforcing performance of
this permit. Council reserves the right to call upon the bond or guaranteed sum to effect compliance
with conditions.

Applicant’s comments:

The applicant understands other hotel or resorts developments in South-East Queensland have
typically attracted performance bonds much lower. As the proposed bond of $200,000 is
Significantly above industry benchmarks and is also disproportionate to the risk profile of the
development as:

Document Set ID: 23969548
Version: 5, Version Date: 30/07/2025