Minor Change Report 51991.438.01 (As Published)

               enforceable mechanism remains in place to manage off-site impacts and achieve the amenity
               outcomes required under Condition 9.
               Recommendation
               It is recommended existing Condition 8 be maintained and it not be removed or amended.


               4.     CONSULTATION
               4.1. Referral Agencies
               Not applicable
               4.2. Internal Council Referrals
               Not applicable
               4.3. External Referrals
               Key external stakeholders were advised of the requested change and invited to provide feedback.
               This included Queensland Police, the Manager of Bay Village and the President and Secretary of
               the Hastings Street Association.
               These stakeholders all provided feedback, which has been uploaded into ECM.
               Senior Sergeant Nick Paterson provided a response via email which supported the removal of the
               condition.
               The Body Corporate for Bay Village engaged a consultant to examine the matter and provide
               feedback on their behalf in a response letter. The position of the Body Corporate is that it does not
               support the removal or dilution of Condition 8. There key concern is that the removal of the
               requirement for external security patrols would create a gap in managing behaviour outside the
               venue. Documented evidence and details of incidents were provided to Council. The number of
               incidents demonstrates that even with Condition 8 in place there is a continued need for managing
               public areas, escorting patrons and responding to incidents post venue departure. Maintaining
               Condition 8 satisfies s65 of the Planning Act 2016 and ensures Condition 9 (amenity) is achieved.
               An email dated 8 May 2026 from the President and Secretary of the Hastings Street Association
               outlines that the association supports the retention of an active security presence and aligns with
               the Bay Village Body Corporate position. Their feedback highlights the impacts that occur after
               patrons leave the premises, including damage to shopfronts, awnings and public areas. This type
               of anti-social behaviour affects staff, guests and public space. If hours or form are amended in the
               condition, ensure the condition still covers peak dispersal periods and maintains an active public-
               area management function (not purely passive or internal controls).
               5.     CONCLUSION & REASONS FOR DECISION
               Having regard to the submissions received from both the Bay Village Body Corporate and the
               Hastings Street Association, the proposed removal or amendment of Condition 8 raises
               substantive concerns in relation to whether the development would continue to achieve the
               required amenity outcomes under Condition 9 and satisfy the statutory tests in s65 of the Planning
               Act 2016.
               Both submissions consistently identify that the primary impacts of the use arise not within the
               premises, but during the late‑night dispersal period when patrons enter the public realm, resulting
               in noise, disturbance, anti‑social behaviour and property damage affecting adjoining land and the
               broader Hastings Street precinct.
               The evidence provided by the Body Corporate, including documented incident records and CCTV-
               supported examples, demonstrates that such impacts are ongoing and occur during the midnight
               to early morning period, notwithstanding the current operation of Condition 8. This supports a
               finding that the current condition, which is specifically directed at managing patron behaviour in the
               public domain remains directly relevant to the use and is reasonably required to mitigate its off‑site
               impacts.

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Document Set ID: 24665366
Version: 9, Version Date: 25/05/2026