MCU14/0087 - Notice of Submission - Julia Della

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


I
I 13"""",1 explanation of the
    ptopooed use
                                     Planning :schem&
                                     definition ~nclude eacl1
                                     definition in a new row)
                                                                No. of dwelling unilS
                                                                (if applicable) or
                                                                gross floor area (if
                                                                                        DayS and
                                                                                        hours of
                                                                                        operaUon
                                                                                                        No. of
                                                                                                        employees
                                                                                                        (rl applicable)
                                     (non-mond.tory)            opplicable)             Ofapplicable)
I
r-"1


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.     Conlirm Ihat the following 'mandatory supportill1l     inlormatlon   aecoinpanies     this    ppliealion

  Mandatory supporting      Inlormation                                               Connrmatlon       01     Method of
                                                                                      lodgement                lodgement

  All applications
  A oil. plan dr","" to "" approprtale scale (1:100, 1:200 or 1:soo are               Qeontlrmed
  recommended scales) which shows the lOIIowiOO:
  •    the location and sije area of the land to which the applicalion relates
       (reIevont land)
  •    t~e nonh point
  •    the boundaries of the lelevanlland
  •    any I'08d frontages olthe rulevant t.n<t, Including U1ename of lh. mad
       11>.location and u50 of any axlstlog or propO$El<lbuildiO\ls or S!tUelu",s
  •
       en the relevarnland (nOle: where extallSlve demoliUon or new bulldiogs
        are proposed, two sep;lrale plans I"" exisUng site plan and proposOO site
        plan) mey be aPl'ropl1alo)
  •     ony e>isting or proposed casements on Ula ",Ievanlland and their
        lunetlon
  •    the location and use 01 buildings on land adjoining the rolev.nllend
        aJlvehicle oe<:ess points and any existing or proposed cal pal1</ngareas
  •
        on the relevant land. Car parking spaces for I"""""s wilh disabilities and
        any service vehicle access and parklog should be olearly marl<ed
  •     for any new buildiog on the relevanlland. the klc:a_ 01 rei"", $lorage
  •    tl>e location of "flY proposed retairing walls 00 the rulevarnlano ano thek
        heigh!
        Ihe 1C>C3llonof any proposed landscaping on the reI!vant lana     .
                                                                                                                               I
                                                                                                                               I

  •
  •     the location 01 .any stonnwater detention on tbe 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 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.

I When the appliGation involves new opera.tiornll work
 Plans ,showk'lg tile nalure, locaUon. ,,"mber of new on-Sile car par1tI"O beys,     . 0'Connrmad
 proposed area of new landscaping, proposed type of new veI1lc1ecross-over
 (nOO-r\lSiden1lal uses), proposed maximum new vahlwl •• ,",lVang
                                                                                      D    NoI 3Pl'ltcatle

 arrangement (non-resldenllal uses) of the proposed new operational wor1t.


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.
7.5m x SAm (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 carparl<ingis available to                59.'/ Off street carparking is pro~'idedat a
  accommodate the number and type of vehicles             rate of 1 space per 20m2 of gross floor area;
  likel" to be Qeneratedby the uses on the 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 sciught for the Driveways and Carparking Code are the follov.ing-

 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 reasonable requirements of the particular land use;

 e)    Adequate provision is made for the standing, parking, loading and unloading, access and
       manoeuvring of selVice 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
                    Spec1fic Outcomes
  14.113 General
  01     Vehicular access does not adversely impact on
  safety, capacity and operations of the existing or
  planned road networt, the proposed driveway,
  cycleways or pedestrian pathway systems.


Allowing an additional    use to occur on site that may reqlJire 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 01 land use;
    b)    any existing parking av:,)ilable OrJ the site;
    c}    hours of operation;
    d)    likely numbers of users;
    e)    the peak parking demand periods 01 uses on
          the site; and
    I'l   the availabilitv of alternative cam,grkinQ.
    08      The layout of the development provides
    adequate, clear1y defined and easily accessible-
    a)    on-site vehicle parking and manoeuvring
          areas; and
    b)    loading and manoeuvring areas for delivery
          and service vehicles




    09 Parking areas are located where they will not
    unduly conflict with pedestrians and '.vill not
    dominate lhe streetscaoe.
    010 Provision is made lor aj:easonable 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 01 the road system.




The submitted    plans do not detail how the Specific Outcomes        S07, 508, SOlO 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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