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Negotiated Decision Notice - MCU26 0060 (As Published)
Officer: Georgina Schramm
Direct Telephone: 07 5329 6245
Our Reference: MCU26/0060
Your Reference: F24/14153/007/11
9 October 2026
Lake Macdonald Rowing Club Inc
C/- Seqwater
PO Box 328
IPSWICH QLD 4305
[email protected]
Dear Sir/Madam,
Negotiated Decision Notice
Planning Act 2016
I refer to your application and the representations you made in respect to the decision notice. On
6 October 2026, Council decided your representations. This negotiated decision notice replaces
the decision notice of 26 August 2026.
Details of the negotiated decision are as follows:
1. APPLICATION DETAILS
Application No: MCU26/0060
Street address: Botanical Gardens - Lake Macdonald Dr, Lake Macdonald Qld 4563
Real property description: Lot 1 SP 305289
Planning Scheme: Noosa Plan 2020 (Amendment 3 - 20 March 2026)
2. DECISION DETAILS
Council on 26 August 2026, decided to issue the following type of approval:
• Material Change of Use - Outdoor Sport and Recreation (temporary use)
In relation to representations, Council on 25 September 2026 decided to:
A. Agree in part to amend condition 5
3. CURRENCY PERIOD OF APPROVAL
PLANNING
When Conditions must be Complied With
1. Unless otherwise stated, all conditions of this Decision Notice must be complied with prior to
the use commencing, and then compliance maintained at all times while the use continues.
ABN 97.969.214.121 PO Box 141
noosa.qld.gov.au Tewantin QLD 4565
[email protected] 07 5329 6500
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Currency Period
2. This development approval authorises a temporary use, and the use is to cease operations
by 27 August 2031, or within 60 days of completion of the Lake Macdonald Dam
Improvement Project, whichever comes first, unless otherwise approved by Council.
Approved Plans
3. Development authorised by this approval must be undertaken generally in accordance with
the Approved Plans listed in the table below. Where there is any inconsistency between the
approved plans and documents and the conditions of this approval, the conditions of this
approval prevail.
Plan No. Rev. Plan/Document Name Date
Sheet 1 of 2 A Site Plan prepared by Seqwater 10 April 2026
2026
Sheet 2 of 2 A Elevation Plan & Indicative Render 10 April 2026
prepared by Seqwater 2026
Annotated by Council
Amendments Prior to building works, revised elevation plans (park-side view) are to
be provided to Council for endorsement. External colours and finishes
must be of muted/environmental tones that blend with the natural
environment and low-reflective roofing and cladding materials.
Nature and Extent of Approved Use
4. The maximum number of people attending the site at any time must not exceed 9 persons,
with no events that may attract greater numbers permitted to be held from the site.
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.
6. All storage of vessels must be fully contained within the enclosed structure; no outdoor
storage is approved.
7. The building’s purpose is to be clearly sign posted in a way that the structure is clearly for
private use.
Amenity
8. The approved Operational Management Plan/Code of Conduct must be implemented at all
times and made available to all club members and visitors. A copy must also be displayed in
a prominent location within the club structure.
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9. The operation of the approved use must not detrimentally affect the residential amenity
(including but not limited to noise, overlooking, light spill or odour) enjoyed by surrounding
residents or cause a nuisance, including a noise nuisance.
10. No flood lighting must be used on site. Any vertical illumination resulting from direct, reflected
or other incidental external lighting emanating from the site must not exceed 8 lux when
measured at any point 1.5 metres outside the boundary and at any level from ground level
upward.
Building Appearance
11. External colours and finishes must be of muted/environmental tones that blend with the
natural environment and low-reflective roofing and cladding materials.
Building Height
12. The maximum height of the development must not exceed 4 metres above the ground level.
including where excavation is undertaken.
Rehabilitation
13. Upon cessation of the approved use, all structures, equipment, footings and associated
infrastructure must be removed from the site. Any areas disturbed by the approved use must
be reinstated to their pre-existing condition. Disturbed turf areas must be re-established and
maintained until a stable and continuous ground cover has been achieved.
14. Any disturbed areas during construction and cessation of use are to be stabilised to prevent
erosion and sediment entering Lake Macdonald.
Environment
15. Existing vegetation on the site must be retained.
16. Sediment or any other material including building materials or waste products must not be
deposited or released into the road reserve, lake or adjacent properties.
Damage to Services and Assets
17. Any damage caused to existing services and assets as a result of the development works
must be repaired at no cost to the asset owner at the following times:
a. where the damage would cause a hazard to pedestrian or vehicle safety, immediately;
or
b. where otherwise, upon completion of the works associated with the development.
Any repair work which proposes to alter the alignment or level of existing services and assets
must first be referred to the relevant service authority for approval.
4. REFERENCE DOCUMENTS
Plan No. Rev. Plan/Document Name Date
- - Lake Macdonald Rowing Club – Operational -
Management Plan / Code of Conduct
5. REFERRAL AGENCIES
Not applicable.
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6. ADVISORY NOTES
The following notes are included for guidance and information purposes only and do not form part
of the assessment manager conditions:
Aboriginal Cultural Heritage Act 2003
1. There may be a requirement to establish a Cultural Heritage Management Plan and/or obtain
approvals pursuant to the Aboriginal Cultural Heritage Act 2003 (ACH Act).
The ACH Act establishes a cultural heritage duty of care which provides that: “A person who
carries out an activity must take all reasonable and practicable measures to ensure the
activity does not harm Aboriginal cultural heritage”. It is an offence to fail to comply with the
duty of care. Substantial monetary penalties may apply to individuals or corporations
breaching this duty of care. Injunctions may also be issued by the Land and Resources
Tribunal, and the Minister administering the ACH Act can also issue stop orders for an activity
that is harming or is likely to harm Aboriginal cultural heritage or the cultural heritage value
of Aboriginal cultural heritage.
You should contact the Cultural Heritage Unit to discuss any obligations under the ACH Act.
Equitable Access and Facilities
2. The plans for the proposed building work have NOT been assessed for compliance with the
requirements of the National Construction Code - Building Code of Australia (Volume 1) as
they relate to people with disabilities. Your attention is also directed to the fact that in addition
to the requirements of the National Construction Code as they relate to people with
disabilities, one or more of the following may impact on the proposed building work:
a. the Disability Discrimination Act 1992 (Commonwealth);
b. the Anti-Discrimination Act 1991 (Queensland); and
c. the Disability (Access to Premises – Buildings) Standards.
Advertising Devices
3. All Advertising Devices must comply with Schedule 10 of Subordinate Local Law No.1
(Administration) 2015 including both temporary and permanent signage. All freestanding,
pylon or pole signs or signage that is illuminated requires approval from Council prior to being
installed. All signage identified in s6 of Schedule 10 of Subordinate Local Law No. 1 is
prohibited from being erected in the Shire.
External Colours and Finishes
4. Appropriate wall colours will depend on the existing native vegetation and backdrop, but may
include muted earth/environmental tones that blend with the natural environment, such as –
green, olive green, blue green, grey green, green blue, indigo, brown, blue grey, and green,
yellow.
Infrastructure Charges
5. All developments and/or changes to existing developments may require payment of
“Infrastructure Charges” (as applicable) in accordance with Council’s “Charges Resolution”
made pursuant to the planning legislation and regulations current at the time of issue. For
further information, please refer to https://www.noosa.qld.gov.au/Planning-and-
Development/Development-tools-and-guidelines/Infrastructure-Charges
7. PROPERTY NOTES
Not applicable.
8. VARIATION APPROVAL DETAILS
Not applicable.
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9. FURTHER DEVELOPMENT PERMITS REQUIRED
Type of Development Permit Required Subject of the required Development Permit
Development Permit for Building Works All building work.
10. SUBMISSIONS
Not applicable.
11. RIGHTS OF APPEAL
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the
Planning Act 2016 is attached.
During the appeal period, you as the applicant may suspend your appeal period and make written
representations to Council about the conditions contained within the development approval. If
Council agrees or agrees in part with the representations, a negotiated decision notice will be
issued. Only one negotiated decision notice may be given.
12. OTHER DETAILS
If you wish to obtain more information about the decision, electronic copies are available online at
www.noosa.qld.gov.au or at Council Offices.
Yours faithfully,
Georgina Schramm
Senior Development Planner | Development Assessment
Development & Regulation
Enc: Appeal Rights
Approved Plans/Documents
DECISION NOTICE HISTORY
• Original Decision Notice – 26 August 2026.
• Negotiated Decision Notice – 6 October 2026, with an amendment to condition 5.
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Appeal Rights
PLANNING ACT 2016 & PLANNING REGULATION 2017
Chapter 6 Dispute resolution (3) The appellant or, for an appeal to a tribunal, the registrar must,
within the service period, give a copy of the notice of appeal to –
Part 1 Appeal rights
(a) the respondent for the appeal; and
229 Appeals to tribunal or P&E Court
(b) each co-respondent for the appeal; and
(1) Schedule 1 of the Planning Act 2016 states –
(c) for an appeal about a development application under schedule
(a) Matters that may be appealed to –
1, table 1, item 1 – each principal submitter for the
(i) either a tribunal or the P&E Court; or development application; and
(ii) only a tribunal; or (d) for and appeal about a change application under schedule 1,
table 1, item 2 – each principal submitter for the change
(iii) only the P&E Court; and
application; and
(b) The person-
(e) each person who may elect to become a co-respondent for the
(i) who may appeal a matter (the appellant); and appeal, other than an eligible submitter who is not a principal
submitter in an appeal under paragraph (c) or (d); and
(ii) who is a respondent in an appeal of the matter; and
(f) for an appeal to the P&E Court – the chief executive; and
(iii) who is a co-respondent in an appeal of the matter; and
(g) for an appeal to a tribunal under another Act – any other
(iv) who may elect to be a co-respondent in an appeal of the
person who the registrar considers appropriate.
matter.
(4) The service period is –
(2) An appellant may start an appeal within the appeal period.
(a) if a submitter or advice agency started the appeal in the P&E
(3) The appeal period is –
Court – 2 business days after the appeal has started; or
(a) for an appeal by a building advisory agency – 10 business
(b) otherwise – 10 business days after the appeal is started.
days after a decision notice for the decision is given to the
agency; or (5) A notice of appeal given to a person who may elect to be a co-
respondent must state the effect of subsection (6).
(b) for an appeal against a deemed refusal – at any time after the
deemed refusal happens; or (6) A person elects to be a co-respondent by filing a notice of election,
in the approved form, within 10 business days after the notice of
(c) for an appeal against a decision of the Minister, under chapter
appeal is given to the person.
7, part 4, to register premises or to renew the registration of
premises – 20 business days after a notice us published under 231 Other appeals
section 269(3)(a) or (4); or
(1) Subject to this chapter, schedule 1 and the P&E Court Act, unless
(d) for an appeal against an infrastructure charges notice – 20 the Supreme Court decides a decision or other matter under this
business days after the infrastructure charges notice is given Act is affected by jurisdictional error, the decision or matter is non-
to the person; or appealable.
(e) for an appeal about a deemed approval of a development (2) The Judicial Review Act 1991, part 5 applies to the decision or
application for which a decision notice has not been given – matter to the extent it is affected by jurisdictional error.
30 business days after the applicant gives the deemed
(3) A person who, but for subsection (1) could have made an
approval notice to the assessment manager; or
application under the Judicial Review Act 1991 in relation to the
(f) for any other appeal – 20 business days after a notice of the decision or matter, may apply under part 4 of that Act for a
decision for the matter, including an enforcement notice, is statement of reasons in relation to the decision or matter.
given to the person.
(4) In this section –
Note – decision includes-
See the P&E Court Act for the court’s power to extend the appeal
(a) conduct engaged in for the purpose of making a decision; and
period.
(b) other conduct that relates to the making of a decision; and
(4) Each respondent and co-respondent for an appeal may be heard
in the appeal. (c) the making of a decision or failure to make a decision; and
(5) If an appeal is only about a referral agency’s response, the (d) a purported decision; and
assessment manager may apply to the tribunal or P&E Court to
(e) a deemed refusal.
withdraw from the appeal.
non-appealable, for a decision or matter, means the decision or
(6) To remove any doubt. It is declared that an appeal against an
matter-
infrastructure charges notice must not be about-
(a) is final and conclusive; and
(a) the adopted charge itself; or
(b) may not be challenged, appealed against, reviewed, quashed,
(b) for a decision about an offset or refund-
set aside or called into question in any other way under the
(i) the establishment cost of trunk infrastructure identified in Judicial Review Act 1991 or otherwise, whether by the
a LGIP; or Supreme Court, another court, a tribunal or another entity; and
(ii) the cost of infrastructure decided using the method (c) is not subject to any declaratory, injunctive or other order of
included in the local government’s charges resolution. the Supreme Court, another court, a tribunal or another entity
on any ground.
230 Notice of appeal
232 Rules of the P&E Court
(1) An appellant starts an appeal by lodging, with the registrar of the
tribunal or P&E Court, a notice of appeal that- (1) A person who is appealing to the P&E Court must comply with the
rules of the court that apply to the appeal.
(a) is in the approved form; and
(b) succinctly states the grounds of the appeal. (2) However, the P&E Court may hear and decide an appeal even if
the person has not complied with the rules of the P&E Court
(2) The notice of appeal must be accompanied by the required fee.
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