MCU14/0087 Notice of Submission - Maureen Thomas

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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 businessMlould operate near impossible.

    IDAS form S 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.

        General   explanation   oflhe      Planning !clIom.           No. 01dwelling unils     Days and          No. at
        ptoposed use                       definition 6ncJude elld1   (~ applicable) or        hours of          employees
    I
    •
                                           definition in a new tow)
                                           (non-mandatOl)')
                                                                      cross floor area (if
                                                                      appl'cable)
                                                                                               operation
                                                                                               (it applicable)
                                                                                                                 (rlapplleable)




    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.     ConIlnn Ihat the fOllo••,ng man<lalory supporting       Infonn •.tlon ateo"",.nle.lhls          applicalion

  Man<lalory supporting       Infonnation                                                  COnnnnatlon     of     Melho<! of
                                                                                           Io<!gemenl             Io<!gemenl
  AUappilcatlons
  A site plan d.awn 10 an apprtlpfia\e scale (1:100. 1:200 0' 1:500 ere                    ~nnnned
  recommended scales) which shows Ihe f_no:
  • Ihe location and s~e area <Jf Ibe Iftnd to Which the application relales
       f,reIevBl1t W!d)
  • the nonh point
  • the bounderies of tile relevant land
  • any roacl lronl"lles of the l1lIevalll I'nd, Including Ibe name of the road
    til. location and use of any existing or proposed wldingS or _ures
  • on  ll1e relevant land (note: wIle,e extenslve demolition or new buildings
       .re proposecl. two separate plans (an existing site plan 8na proposed site
       plan) may be approJXiale)
  •    any e>!stlng (>l"proposea casements on lIle Illiavanliana and III";,
       function
  •    lhe 100000ion and use of builOings on I.na adjoining the Illievallll.nd
  •    all vehicle access points and 8ny exisling o. propo.ea car pall<Jng •••••
       on Ihe relevolll land. Co, pall<Jng.paces  '0' pet"""" with dlsabllitie. oncl
       any service vehicle a=       .00 parking shoulcl be clearly marl<ed
  •    fa< 8rrf new building on Ina "'Ievanll.na. the kleatlllfl fArefuse 510."110
  •    lhe 1000tion of "I'Y proposed relairing walls no the relevant laOO.nd their
       height
  •    thelOClltion of any proposed IaOOscaping on the rel~vant land       .
  •    thie tocaUoo of .any stormwa1er detention on the relevant land.



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 onsite     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 tile application      involves new operational      work

 Plans ShOwklg tne nature. locallon. number of new on. site car parldng bays,          .12fCOnfinned
 pr""" •• clarea of new Iaooscaping. proposea type CI new ""hlele cross-over
 (non-resident ••1US<ls),proposed maximum new vehl",,"', 50lViCing       .
                                                                                        o Not applicable
 arrangemont (1IOlHesl<lenllal useo) ofltle proposea rle'Hoperational wo~.


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 204m to approx.
7.5m x 5o4m (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 ~odes

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 Pluking
  09 Sufficient carparking is available to               59.1 Off street carparking is provided at a
  accommodate the number and type of vehicles            rate of 1 space per 20m' of gross floor area;
  Iikelv to be oenerated bv the uses on the site

The applicant within the supporting     material has underestimated       the total use area of the
operation.    9m2 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 ovemll outcomes sQught for the Driveways and Carparking Code are the foll"'hing-

 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 the associated manoeuvring areas provided are designed to be safe
       and functional and meet the reaoonable requirements of the particular land uae;

 e)   Adequate provision is made for the standing, par1\ing,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 potential to block the pedestrian flow along
Noosa Drive in turn forcing pedestrians onto the busy road.

  Table 1449 -     Driveways

                       column 1
                    Specific Outcomes
  14.113 General
  01     Vehicular access does not adversely impact on
  safety, capa city 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 require 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 development having regard
    to the specifics of the use including-
    a)    the type and intensity of land use;
    b)    any existing parking av~llable on the site;
    c)    hours of operation;
    d)    likely numbers of users;
    e)    the peak parking demand periods of uses on
          the site; and
    f\    the availabilitv of alternative camarkina.
    08      The layout of the development provides
    adequate, clearly defined and easily accessible-
    a)    on-site vehicle parking and manoeuvring
          areas; and
    b)    loading and manoeuvring areas for delivery
          and service vehicles




   09 Parkil\g areas are located where they will not
   unduly conflict with pedestrial\s an\l'.1Ii11not
   dominate the streetscaoe.
   010 Provision is made fer aj"easonable number of
   on site carparking spaces identified and reserved for
   peQple with disabilities.

   011 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 additionaf       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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