Negotiated Report (Representations made) - MCU26 0060 (As Published)

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               1.     BACKGROUND
               A development approval for a Material Change of Use - Outdoor Sport and Recreation was issued
               on 26 August 2026.
               The applicant suspended the appeal period and made representations on 8 September 2026 to
               the development approval conditions. The representations are detailed below but primarily relate
               to the conditioned hours of operation.
               2.     ASSESSMENT
               An assessment in relation to each of the submitted representations is provided below:
               Existing Condition 5
               5.     Persons associated with the use are not permitted to attend the site before 6:00am or after
                      6:30pm.
               Applicant’s Request
               The applicant has requested existing condition 5 be amended and replaced with the following
               amended condition:
                      Persons associated with the use are not permitted to attend the site before 6:00am or after
                      6:30pm outside the following hours:
                         •    Spring (1 September to 30 November): 5:30am to 6:00pm
                         •    Summer (1 December to 28/29 February): 5:00am to 6:45pm
                         •    Autumn (1 March to 31 May): 6:00am to 5:30pm
                         •    Winter (1 June to 31 August): 6:30am to 5:00pm.

               The applicant has provided the following justification for the proposed change:
                      The approved use comprises a small-scale rowing training activity involving a maximum of
                      nine (9) participants at any one time, with participant numbers typically being lower. The
                      activity is inherently low impact in nature, involving no amplified sound, no organised events,
                      no spectators and no artificial lighting. Training is undertaken in single sculls on Lake
                      Macdonald and is characterised by a passive acoustic profile that is consistent with the
                      recreational setting of the locality.
                      The proposed amendment does not seek to facilitate operation outside daylight hours.
                      Rather, it acknowledges that available daylight varies throughout the year and provides a
                      practical seasonal framework that aligns attendance times with sunrise and sunset
                      conditions. The seasonal attendance hours better reflect the operational requirements of
                      rowing activities while ensuring that all use remains confined to daylight hours.
                      The proposed amendment will not result in any increase in the scale, intensity or nature of
                      the approved use. Participant numbers remain unchanged, the activity remains limited to
                      training only, and all operations will continue to be undertaken in accordance with the
                      Operational Management Plan and Rowing Queensland-aligned Code of Conduct.
                      The park is publicly accessible 24 hours a day and already experiences a baseline level of
                      activity outside standard daytime hours. The limited and predictable presence of rowers
                      during daylight periods contributes positively to public safety through increased passive
                      surveillance and natural observation of the park, consistent with CPTED principles.
                      The nearest residential properties are located approximately 100 metres from the activity
                      area, providing a substantial separation distance from sensitive receivers. Importantly, once
                      participants enter the water and commence rowing activities, the distance between rowers
                      and nearby residences increases significantly as users move away from the shoreline and
                      traverse the lake. As a result, the potential for any amenity impacts diminishes further during
                      the course of training activities.
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Document Set ID: 25198334
Version: 5, Version Date: 08/10/2026

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                         Given the limited number of participants, the passive nature of rowing, the absence of
                         amplified sound, spectators, events and artificial lighting, and the restriction of activities to
                         daylight hours only, the proposed seasonal attendance hours will not result in any material
                         impact on the amenity of nearby residents. Furthermore, all participants are required to
                         comply with the Operational Management Plan and Rowing Queensland-aligned Code of
                         Conduct, which includes provisions relating to respectful behaviour, minimisation of noise,
                         considerate arrival and departure practices, appropriate parking, and responsible use of the
                         park and lake environment. These measures provide an additional level of assurance that
                         activities will be conducted in a manner that protects surrounding residential amenity.
                         Accordingly, the requested amendment does not alter the nature, scale or intensity of the
                         approved use. Rather, it provides a practical and enforceable condition that responds to
                         seasonal variations in daylight hours while maintaining the low-impact operational
                         characteristics of the activity. The amendment will not result in any additional adverse
                         amenity impacts and simply provides the flexibility necessary for the approved rowing training
                         activities to occur during available daylight hours throughout the year.
                         For these reasons, it is respectfully requested that Condition 5 (Hours of Attendance) be
                         amended as proposed.
               Assessment of Request
               Agree in part
               The applicant’s justification for amending Condition 5 is supported in part. The applicant seeks to
               operate from 5:00am during the summer season. In consideration of the proximity of neighbours,
               it is considered that operations for the first 12 months are to commence from 5:30am and pending
               how the use is operationally managed will inform whether an extension to hours for the summer
               season starting December 2027 is permitted. The condition has been strategically drafted in a way
               to avoid the need for a change application at a later date, nonetheless formal acceptance of the
               relevance/application of condition 5(b) is to be confirmed in writing by the Manager of Development
               Assessment.
               The proposed change to the hours of operation provides greater flexibility by responding to
               seasonal variations in daylight hours, rather than relying on fixed operating times throughout the
               year. This approach is expected to reduce potential operational constraints while maintaining the
               intent of the condition.
               The condition will be amended accordingly.
               Recommendation
               It is recommended existing condition 5 be amended to read as follows:
               5.
                    a)       For the first 12 months from the commencement of the approved use, persons
                             associated with the use must not attend the site before 6:00am or after 6:30pm, and the
                             approved use must not operate, outside the following hours:
                    i.       Spring (1 September to 30 November): 5:30am to 6:00pm;
                    ii.      Summer (1 December to 28/29 February): 5:30am to 6:45pm;
                    iii.     Autumn (1 March to 31 May): 6:00am to 5:30pm; and
                    iv.      Winter (1 June to 31 August): 6:30am to 5:00pm.
                    b)       Following the expiration of the initial 12-month period, the approved use may
                             operate during the summer period between 5:00am and 6:45pm, provided Council
                             has confirmed in writing that no compliance action has been taken, and no
                             substantiated complaints have been received by Council regarding the operation
                             of the use during the preceding 12-month period.
                    c)       If Council has not provided written confirmation under condition 5(b), the hours
                             stated in condition 5(a) continue to apply.

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               3.     CONCLUSION & REASONS FOR DECISION
               The proposed development generally complies with the requirements of the planning scheme. The
               requested changes to the conditions do not raise any significant issues and are therefore
               supported. The application is therefore recommended for approval.
               The report is provided in accordance with Section 76 of the Planning Act 2016.
               RECOMMENDATION
               With regard to Application No. MCU26/0060, and the representations made, Council on 6 October
               2026 decided to:
               A.     Agree in part to amend condition 5 to read as follows:
               5.
                    a)      For the first 12 months from the commencement of the approved use, persons
                            associated with the use must not attend the site, and the approved use must not operate,
                            outside the following hours:
                              i.       Spring (1 September to 30 November): 5:30am to 6:00pm;
                              ii.      Summer (1 December to 28/29 February): 5:30am to 6:45pm;
                              iii.     Autumn (1 March to 31 May): 6:00am to 5:30pm; and
                              iv.      Winter (1 June to 31 August): 6:30am to 5:00pm.
                    b)      Following the expiration of the initial 12-month period, the approved use may operate
                            during the summer period between 5:00am and 6:45pm, provided Council has confirmed
                            in writing that no compliance action has been taken, and no substantiated complaints
                            have been received by Council regarding the operation of the use during the preceding
                            12-month period.
                    c)      If Council has not provided written confirmation under condition 5(b), the hours stated in
                            condition 5(a) continue to apply.




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Document Set ID: 25198334
Version: 5, Version Date: 08/10/2026