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

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