Judge grants approval for opening of TotalFusion Morningside gym complex

The conclusion of a long-standing legal battle over the development of fitness club in Brisbane’s south east looks set to allow the opening of TotalFusion Morningside gym facility.

Judge Nicole Kefford has rejected an appeal by Australian Country Choice (ACC), whose town planner lobbied the Queensland Government against the development at the Brisbane Southside industrial area.

Judge Kefford’s long awaited decision gives the go-ahead for the 5577 metre² gym complex on the Rivermakers site.

On Friday, seven months after final appeal hearing, Judge Kefford found Rivermakers had proved its case for the gym development on its The Depot site, near a meatworks operated by ACC.

Judge Kefford advised “taken in combination, the matters that support approval are compelling.

“They persuade me that the proposed development is meritorious and should be approved, subject to the imposition of conditions.’’

The conditions were that the gym had to cease operating within two years from the date that her approval took effect and gym patrons had to be limited to 300 at any one time.

Judge Kefford said in due course the appeals by ACC and bulk shipping terminal company Wilmar Trading (Australia) would be dismissed and the council’s decision changed to conditional approval.

The companies had claimed the gym, just down the road from ACC’s $200 million Cannon Hill abattoir and processing factory, was inappropriate use of industrial land.

The decision gives the long-awaited go-ahead for the TotalFusion facility and the 9 Degrees’ indoor bouldering gym.

Judge Kefford said the case for refusal was of significant force, as the proposed development was against planning intention to preserve and protect land in the Major Industry Area from encroachment by non-industrial use.

But she said the gym would be in an existing building which could revert to industrial use after two years and it would support local industrial workers and residents.

Set to be TotalFusion’s fourth facility, the group was forced to let 100 staff go after its originally planned opening in late 2020 was delayed, just days before operations commenced, by the legal action.

Founded by Leon McNiece, best known as the founder of Goodlife Health Clubs and for building Snap Fitness in Australia and New Zealand up to 2018, the Morningside club had been described as “Queensland’s biggest gym facility”.

Speaking to Brisbane newspaper The Courier-Mail in December 2020, McNeice expressed his disappointment at having lay-off and let down over 2000 members who had signed up before the opening.

When open the new club will include six rooms for yoga, Pilates, a functional training room, a two-level cycle-room and a run-club with 20 treadmills.