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

               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