MCU14/0087 Notice of Submission - W Wallace

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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 businessMtould 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 development           and in particular the provision of suitable, safe
and to aust standard carparking and access for existing and new customers to the site.

     Genernlexplanalion     of tha      Planning >Choma             No. Dl dwelling units   DayS and          No. of
     PlOposed use                       definition Qnclude e.ell    (if applicable) or      haUlS of          employees

,I
                                        dfJfin~Ion in a new tow)    aross noor area lit     operation         QI applicable)
                                        (non.mandaIOl)')            applicable)             (If 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      thaI the following     mandalory   supporting   Information      accompanies    Ihls    pplkatlon


  Mandalory    supporting      inlonnation                                                    Conrltmallon     01     Melhod of
                                                                                              lodgemenl               lodgement

  All applications

  A site jUn drawn to an aPlX'flPriate scale (1:100.1:200         or 1:500 are                QQ,nftrmed
  recommended     5C81es) whidl shOW$ Ihe '_ng:

  •    the location and s~e area 01 the Iond to which the epplication       relale •
       (reIe\l8llt land)
  •    lne north point
  • t~e boundaries of the rele""nlland
  •    any road frontage.     of the relevant land, Including the n8me ollhe        mad
  •    Ihelocallon and use ot 8nv ""ISlIng or proposed buildings or sttuetures
       on the relevant land (note: where extensive demolillon Of new Iluiding.
        are proposod. two separate plans (an existing site jUn and proposed site
       planl may be appropriate)
  •    any el<isting or proposed easemonts on the relevanlland and their
       function                                                                                                                    1
  •    I~e locetlon and use of buildingS on land adjoining the ",Ievanaland
  •    all vehicle   """"55points and any e_ng       or proposed car pal1<Jngare"
       on the relevant land. Car parking spa""" lor petsons with disabilitiEs and
       any service vehicle access and parking should be olearly mar1<ed
  •    tor allY new building on the relevanlland.the     _       r:Arefuse storage                                                 I
  •    Ihe locallon of any proposed ret.iring walls on the relevant lend and their
       helg~l            •                                                                                                         I
  •    the locallon of .ny proposed landscaping on the rel!vanllanil             .                                                 I

                                                                                                                                   I
  •    the locatIon 01 allY stormwater detention on the relevant IMld .
                                                                                                                                   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.

t When the application involves new operation.ml work
 Plans Showing lIIe nalure,l"""llon,    number of ne" on-site ellr parking bays,             .12rConfinned
 proposed area of new landscaping, proposed type aI ne •• Wihlcle cross-over
 (nO<l-reSiden1Ill' uses). proposed maximum new v<hI""I.r     sefVioing
                                                                                             o   No( applicable

 stranoomem (non-rosldenl"'l      usas) of tile proposed new operational ,,':ll".



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 305m 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.
705m x So4m (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 catparking is available to              59.1 Off street carparking is provided at a
  accommodate the number and ~/~ of vehicles            rate of 1 space ~r 20m' of gross fioor area;
  likelv to be Qeneratedbv the uses on the site

The applicant within the supporting     material has underestimated      the total use area of the
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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 sQught for the Dri.'eways and Carparking Code are the foIlO',,;ng-

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

 b)   The safety of pedestrians and cyclists is protected;

 dl   Carparking spaces and the associated manoeuvring areas provided are designed to be safe
      and functional and meet the reasonable requirements of the panicular land use;

 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 14-49 -    Driveways

                       column 1
                    Specific 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 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 ttle 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~ilable on the site;
        c)    hours of operation;
        d)    likely numbers of users;
        e)    the peak p::lrking demand periods of uses on
              the site; and
        f't   the avail::lbilitv of alternative c::lmsrkino.
        08      The layout of the development provides
        adequ::lte, cle::lrty defined and e::lsily accessible-
        a)    on-site vehicle parking and manoeuvring
              areas; and
        b)    loading and manoeu',ring areas for delivery
              and service vehicles




       09 Parking areas are located where they will not
       unduly conflict with pedestrians and '.vill not
       dominate the streetscaoe.
       010 Pro',ision is made for ajeasonable number of
       on site carparking spaces identified and reserved for
       people 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 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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