MCU14/0087 Notice of Submission - Tony Jedynak

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         Notice of Submission under the Sustainable Planning Act 2009

         MCU 14/0087

         Material Change of Use - Retail Business Type 2 - Shop

         13 Noosa Drive, Noosa Heads 4567



         The following        submission details the matters of concerns with the above application                               and
         material submitted,




         Poorly made application

         The application,        planning report and submitted            plans were of poor quality which made
         understanding how the businessMrould operate near impossible.

         IDAS form 5 details the use as a Moveable Trailer yet fails to provide information                           of Hours of
         operation       or employee      numbers.     Without       this information        it makes it problematic                 in
         consideration       of impacts of the ~evelopment          and in particular the provision of suitable, safe
         and to aust standard carparking and access for existing and new customers to the site.

             Genernl explanation 01 the      Planning schorn/t            NQ" 01 dwelling   unilS   Days and          No. 01
         I PfOposed use                      defini~on Qnclude eadl
                                             definition i'I a new row)
                                                                          (ij applicable) or
                                                                          grn •• flnnr area Qf
                                                                                                    hou~of
                                                                                                    operation
                                                                                                                      ernploy<!es
                                                                                                                      [If appl,cabl/t)
         I                                   (nOll.rnandaIOl)')           applicable)               (il applicable)




         Some of the submitted plans are numbered to make ease of reading and the legibility is poor.
         Plans make reference to "paces" and are in a context that cannot be interpreted .



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  4.     Confirm that the 10110.•.•
                                 ;09 mandatory      supporting    information    accompanies    thl. application

  Mandatory supporting       informatiOn                                                Connnnadon      of     Method of
                                                                                        lodgalTHlnt            lodgement

  All applications                                            .
  A site plan drawn to an appropriale scale (1:100.1:200      or 1:500 ere              9<:cnflrmed
  recommended scales) which shows the fOllowing:

  • the location and sne lIfea of the land 10which the epplioation relales
    (reIeV8fllIand)
  •    lhe north poim
  •    the boundaries of the rele""IOlland
       any road frontages 01 the relevanlland. Including the name or the mad
  •    th.locatlon 8nd use 01 any existing or proposed buildings or SWClUI'Il$
  •    on the re1eva,rt land (nOle: where extensive demoUUon 0< new boJlldings
        are proposod. two separate plans Ion exlsling sne plan end ~            site
       plan) may be appropriele)
  •    any exiSting or proposed oasements on me relevanlland and their
        function
  •    the location and ••••• 01 buildings on land adjoining the relevant land
  •     all vahidi> """"ss points and any e.isling or proposed ca, parl<ing "",as
       on the relevanlland. Car parl<ing spa~ 'or petsons with disabilities and
        any service vehicle acress .nd parklrlQ sho<lld be cJe.~y ma_
  •     to< any new building on Ihe reJa""nt land, meloca1loo of reluse s10rage                                               •

  •    the location of 3['Y proposed ret.iring walls on thO ralevanlland and their
        height
                                                                             .
                                                                                                                              I
  •
  •
       Ihe locollon of any proposed landscaomg on me reI~vant land
        the location 01 any SlOmrwaler detention on tile relevant land .                                                      I
                                                                                                                             -}




The Mandatory           supporting         information       is lacking in its requirements             in regards to the site
plan provided and there is lack of detail in particular to car parking areas, provision for those
with disabilities, service vehicle access etc.

The applicant          confirmed        that    information        provided        demonstrated              the on site parking
provisions, yet the hand drawn plan (not numbered)                                merely shows a line demonstrating
where access would occur and no direct provision or plans of car parking spaces.

 When the application      involves new opcrntloMI       '1/Ork

 Plan. 'hOwW>gthe nature. locallon. IlUmber 01new on-Site ell' parltlng bays.          .I2fConfinned
 proposed are. or new landsoaping. propo.-,d type 01 new vehicle cross-over
 (non-re$de<rtlal uses). proposod maximum new vehloJlar selVicing
                                                                                        o   Not applicable

 arrangemant (non-rasldentlal uses) of the proposed new operationel worlt.


The applicant has also confirmed that plans have been submitted                                       to meet this mandatory
requirement          but those provided do not achieve this requirement.

Due to the poor material submitted it is not possible to ascertain the use area, how operation
will occur, and how car parking will be provided.

Size and Scale of development

The submitted          plans suggest a use area of 9m2 yet this makes no provisions for how the
boards will be loaded and unloaded of trailer. These boards are up to 35m in length and
require to be removed from the trailer to provide to customers. This will in effect make the
use area of the business expand out from the footprint                            proposed of 3.6m x 2.4m to approx.
75m x 5.4m (40m2). This is in estimation what will be required to service customers as they
chose the hire equipment from the trailer.

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    The location of the trailer and the length of boards being removed will also create serious
    safety concerns regarding the existing access to the Hire Car business that operates and any
    new customers travelling onto the site through the existing heavily congested and conflicted
    access point. Boards and customers will be required to stand into the driveway for the site
    potentially   forcing pedestrians onto the road way as vehicles are blocked from entering the
    site, in turn creating a serious safety concern where in the past 12 months one serious
    accident involving a car and pedestrians oc~urred.

    One plan labelled Sheet 1 of 3 has the proposed trailer located on the boundary with no front
    setback, another plan sows a 2m setback. Again due to the poor quality of material submitted
    it is hard to make an assumption of what is being requested.




    Compliance with Relevant eodes

    With the submitted     planning material supporting      plans it is difficult to how the application
    intends to meet the requirements      of the following   relevant Codes, their overall and specific
    outcomes.

    Business Use Code

      Car Parking
      09 Sufficient carparking is available to               59.'/ Off street carparking is pro~ided at a
      accommodate the number and type of vehicles            rate ofl space per 20m' of gross floor area;
      likelv to be nenerated bv the uses on tile site

    The applicant within the supporting      material has underestimated      the total use area of the
                    2
    operation.    9m is not realistic and in a true sense the activity will require 40m2• As such
    carparking need to be provided for 2 vehicle spaces, the included plans and description do
    not detail how and where this will occur to the relevant standard.

    Driveway and Carparking Code

     14.111.2 The overall outcomes sQiJghtfor the Dri\'eways and Carparking Code are the following-

     a)   Safe and reasonable access to and from vehicle accommodation and standing areas within a
          property and from the public road is provided;

     b)   The safety of pedestrians and cyclists is protected;

     d)    Carparking spaces and tile associated manoeuvring areas provided are designed to be safe
           and functional and meet the reasonable requirements of the particular land use;

     e)    Adequate provision is made for the standing, parking, loading and unloading, access and
           manoeuvring of service vehicles within the development site;


    The application fails to demonstrate with material provided how compliance can be achieved
    to meet these outcomes. The site presently has a vehicle hire business established which
    utilised an unformed gravel carpark for both maintenance and washing of hire vehicles and
    their storage and promotion.    Additionally   on site, motor scooters and bicycles are hired and
    displayed taking up further land within the sites boundaries.

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The present access to the site is unsafe for both vehicles and pedestrians and there is not
being proposed within plans a car parking layout to meet standards for customers or delivery
vehicles. Vehicles accessing the site have the potentjal to block the pedestrian flow along
Noosa Drive in turn forcing pedestrians onto the busy road.

  Table 14-49 -    Driveways

                       column 1
                    5 ecific Outcomes
  14.113 General
  01     Vehicular access does not adversely impact on
  safety, capacity and operations of the existing or
  planned road network, the proposed driveway,
  cycleways or pedestrian pathway systems.


Allowing an additional    use to occur on site that may reqyire deliveries, and customers to
collect hire equipment   will only increase the possibility of safety being compromised   on an
access arrangement which is at present dangerous for pedestrians and cyclists. The applicant
has not demonstrated     compliance.




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         Table 14-50 -    Carparking   and manoeuvring

                               column 1
                          Specific Outcomes
         14.114 Carpark design and layout
          07 Sufficient carparking is provided to
         accommodate the number and type of vehicles likely
         to be generated by the de\'elopment having regard
         to the specifics of the use including-
         a)    the tYPe alld intensity or lalld use;
         b)    allY existing parking av~ilable on the site;
         c}    hours of operation;
         d}    likely numbers of users;
         e}    the peak parking demand periods 01 uses on
               the site; and
         f)    the availability of alternative caroarkino.
         08      The layout of the development provides
         adequate, clearly defined alld easily accessible-
         a)    on-site vehicle parking and manoeuvring
               areas; and
         b)    loading and manoeuvring areas lor delivery
               alld service vehicles




        09 Parking areas are located where they will not
        unduly conflict with pedestrians and ',viii not
        dominate the streetscape.
        010 Provision is made lor ajeasonable number of
        on site carparking spaces identified alld reserved for
        people with disabilities.

        01'1 Access and egress points do not impact on the
        safety and operations of the road system.




     The submitted    plans do not detail how the Specific Outcomes         507, 508, 5010 of the
     Carparking   Code will be achieved.   This again reflects the poorly    made application,   no
     consideration   of the existing use on site and limited     understanding   of the Noosa Plan
     requirements.   The applicant has not demonstrated   compliance.

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Summary
I do not support the application lodged and advertised as detailed in this submission. I believe
the applicant has failed to demonstrate     compliance with the relevant Use Codes with the
Noosa Plan and as such the application be refused.

The application is,


    •   Poorly made application with inadequate plans to demonstrate true operational size
    •   Has a size and scale of operation greater than the those submitted on plan
    •   Location is proposed in one set of plans within front boundary setback
    •   Vehicle access is unsafe and additional       traffic   create extreme   safety issues for
        pedestrians
    •   Insufficient space on site to provide carparking for customers at present up to 5 hire
        vehicles and 4 staff vehicles parked at anyone time
    •   No carparking design submitted to meet aust standards
    •   No vehicle turnaround    capacity so vehicles leave site in forward direction
    •   Existing carparking surface a non-pervious material making provision and compliance
        with disability access codes not possible
    •   Insufficient   space on site for operation   with existing Hire Car use and associated
        workshop, detailing and vehicle storage requirements .

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