MCU14/0087 Notice of Submission - Peter Court

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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 businessMiould 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.

  Gener.:ll explanaHon of the      Planning sdlEom.           No. of dwelling unil.'l   Days and          No. of
  proposed ~se                     definition ~nckJde ead>    (if npplicable) or        hours of          employees
                                   definition in a new mw)    gmss neor area (if        operation         Cdappbcabl.)
                                   (non-maodate<y)            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.      Collflnn    that the 10110'0\;ng mandatory     supporting    ",Ionnallon    accompanies      this    ppllc   tion


  Manclalory    SUPiX'rtfng    infonnation                                                     Connnnation      of      hletho<! of
                                                                                               lodgement                lo<lgement

  All applications                                                 .
  A site plan drawn 10 an appmpriale scale (1:100,1:200            or 1:500 are                g.c.,nftnned
  recommended      """las) which showslha I_ng:

  • tho  location and silo area of the land 10which tho application ruI os
    (relevant land)
  •    the nooh point
  •    the bou"""ri   •• of the relevanlland
  • any roed frontages 01 the rulevant land, Including the name olthe mad
  •    lhelocal!on and use of any existing or proposed buildingS 0' _tires
       on tho relevant land (0010: where extenslv. demolltion or r>eWwiJdings
       are proposed. lWO separoto plans Ian existing .110 plan aod PfOI">Sell site
       plan] mey be aPlJroJXiate)
  •    any existing or proposed easemonts on tho relevanlland          and their
       funshon
  •    Ihe location and use    0'  buildings on land adjoJning the relevanlland
  •    all vehlde access points and any existing or proposed car parlUng ••.• as
       on the relevant land. Car parlOng spa=         for pet""ns with disabilities and
       any "lVi""       vehicle a=ss    and parking sho<Ild be c1eany mar1<e<!
  •    f(l(' any n •••• wilding on tho relovanlland.thel"""tJon    at reluse s1orallO
  • th.locallon
    height
                      of"F'Y proposed retairing     walls on the relevant land and their
                                                                                                                                      1
  •    the location of any pl'opo.ed    landscaping on the rel~vanllan<l          .
  •    the location of any stormwater detenlion (In the 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         involvns new operational      work

 Plans .hOM'lg tne nature. location, number of ne •• on-sil. OlIr parking bays,            .0'Confirmed
 proposed area of new landscaping, proposed type nC new vehicle cross-over
 (noo-reside<ltiBl useS), proposed maximum new vehlaJlar seNaog
                                                                                            o      Not appllco~e

 arrangement (non-reskJenllal uses) or the propo.ed new operotlonOI worl;.



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 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 oq: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

  Gar Parking
  09 Sufficient carpar1<ingis 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 fioor area;
  Ilkelv to be nenerated bv 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

 .,4.111.2 The overall outcomes sQughtfcr the Drive'fiays 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 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, par1<ing,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
                    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 reql!ire 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)    rikely numbers of users;
    e)    the peak parking demand periods of uses on
          the site; and
    f1    the avanabilitv of alternative camarkino.
    08      The layout of ttle 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 Parking areas are located where they will not
   unduly conflict with pedestrians an!! lvill not
   dominate the slreetscaoe.
   010 Provision is made for 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 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.
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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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