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MCU25/0119 - Application For Material Change Of Use Of Premises To Establish Indoor Sport And Recreation At 26 Eenie Creek Road, Noosaville · Attachment 1 - (MCU25 0119) - Proposed Conditions
GENERAL COMMITTEE MEETING REPORT 7 JULY 2026
ATTACHMENT 1 – (MCU25/0119) – PROPOSED CONDITIONS
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.
Currency Period
2. This development approval lapses if the use has not happened by 16 July 2032, unless
an application to extend the currency period is 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.
Plan No. Rev. Plan/Document Name Date
T-L001 2 Level 01 Leasing Plan prepared by Buchan 30/04/2024
Nature and Extent of Approved Use
4. The approved Indoor Sport and Recreation use/s are permitted to be located within
Tenancy CC12, CC16, CC18, CC19 & CC20 as shown on the approved plan.
5. The approved Indoor Sport and Recreation use(s) within Tenancy CC12, CC16, CC19
& CC20 on the site are limited to low-intensity style fitness classes only. For the
purposes of this approval, low-intensity style fitness classes include the following
activities, unless otherwise approved in writing by Council:
• Yoga (including hot yoga, yin yoga and vinyasa yoga)
• Pilates (including reformer Pilates)
• Strength and toning classes
• Mobility classes
• Low-intensity cardio classes
• Stretch and flexibility classes
Amenity
6. The operation of the approved use must not detrimentally affect the amenity (including
but not limited to noise, overlooking, light spill or odour) enjoyed by surrounding
residents or cause a nuisance, including a noise nuisance.
7. 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.
8. Background pre-recorded amplified music (e.g. music played through a domestic stereo)
that does not emit audible noise beyond the boundary of each tenancy at any time is
permitted.
9. All doors and/or windows must be closed at all times whilst amplified music is being
played; Class instructors are not permitted to use any equipment to amplify their voice.
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GENERAL COMMITTEE MEETING REPORT 7 JULY 2026
Building Appearance
10. The glazing must be fully transparent to a minimum of 50% of the tenancy front to
maintain an active frontage.
Car Parking
11. The on-site car parking spaces must be made available at all times to staff and patrons
attending the use.
12. End of trip facilities for the development are to be readily accessible for staff.
Waste Management
13. Waste storage and disposal facilities must be provided in accordance with Planning
Scheme Policy 9, Waste Management and the Noosa Plan’s Waste Management Code,
including an external imperviously paved area correctly sized for all refuse and recycling
containers and suitably screened from public places and neighbouring properties.
Community Management Statement
14. Any proposed Community Management Statement required for the development
pursuant to the Body Corporate and Community Management Act 1997 must be
submitted to Council for endorsement at the same time as submission of the Building
Format Plan (or similar) to Council for compliance assessment.
15. All clauses and by-laws of the proposed Community Management Statement must
accord with the requirements of this Decision Notice and, in particular, must include the
following additional clauses:
a. Tenancy CC12, CC16, CC18, CC19, CC20 are approved for the purpose of Indoor
Sport and Recreation uses.
Damage to Services and Assets
16. 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.