MCU14/0087 Notice of Submission - Kai Tolhurst

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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.


     I
     I Gene",1 explanation 01 the
         proposed use
                                       Planning scheme
                                       definition (include eltcl1
                                       definition in • new lOw)
                                                                    No. 01 dwelling units
                                                                    (if appliCllble) 01
                                                                    gross flO<lrarea (if
                                                                                               Days and
                                                                                               hours of
                                                                                               operation
                                                                                                                 No. of
                                                                                                                 emplll'Yees
                                                                                                                 (if applicable)
     I                                 (non-mandatOlyj              applicable)                (if applicable)

     ;...d1o



     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.     Confinn that the foilowing mandatory supportinglnfonnatJon             accompanies        thl. appliell1ion

  Manda10ry supporting       information                                                    Confinnanon   of     hlethod of
                                                                                            lodgement            lodgement
  All applications
  A sit. pl<lndrllW!lto an appmpriale scale (1:100. 1:2ll0 or 1:500 are                     g.c"nRrmed
  recommended >Clliesl which shows Ihe following:
  0   tM location and slle area of the Iond 10wllieh the applicali"" relalo.
       ~""t land)
  •    Ihe nonn point
  •    Ihe boundaries of the relevanlland
  0    any IVad fIVntawes of lhe relevant land. Including the name althe mad
  0    the location and use al any existing or proposed bullding$ or strue!urel
       on the relevant land (n01e: wIlere extenslve demolition 0<new toJil<lings
       are proposed. two separate plans Ian existing Site plan and proposad site
       pl<lnlmay be sPllfopriate)
  0    any o,.;stIng or pr<>po$ed•• semonts on tho relevanlland and tneir
       funCtion
  0    the locetion and use 01 bullding$ on land adjoJning the relevanlland
  0    all venlcle """"ss points .nd any existing or pr<>posedcar pal1<ingarea.
       on tne relevant land. Car parking .paces for per"'"' wllh disabil~ies and                                               I
       any service velliclll aecess and par1ling mould be cleany ma_                                                           I,
  o    10<any naw building on lhe ",Iavant land. tholocatlon at refuse storage
  •    tnelocatlon of "{"I proposed retairing walls (J(\ tna relevant land and ll1ell
       nelght
                                                                           .
                                                                                                                               I
  0

  0
       tnelocation of ony proposed landscaping on the reI!vanllani1
       th8locatlon of any stonnwater detention on 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      invol ••'tts new operational   work

 Plans shomg the nature. location. number of new on-51l. elll por1<.Ingbays,            .l2rconfirrned
 proposed area of new landscaping, proposed type 01new vehicle ClOss-over
 (non-'eSidel1\lal useS), ptcposcd maximum naw venlall., setVldng       .
                                                                                            o Not applicable
 arrangement (non-,esldenUal uses) ofU,. pr<>po$ednew operatlonal..or1<..


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 ioaded 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                            pro'posed of 3.6m x 204m to approx.
75m     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 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 l: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 Parking
  09 Sufficient carpar1<ingis available to               59.1 Off street carparking is provided at a
  acccmmodate the number and type of vehicles            rate of -1 space per 20m' of gross ftoor area;
  "kefv 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

 14.111.2 The overall outccmes sQught for the Dri\'eways and Carparting 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 safe!'! 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 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
         Oi     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 arid intensity of larld use;
         b)    any existing parking av:;jilable on the site;
         c}    hours of operation;
         d)    likely numbers of users;
         e)    the peak parking demand periods of uses on
               the site; and
         fl    the availabilitv of alternative camarkino.
         08      The layout of the development provides
         adequate, clearly defined and easily accessible-
         a)    on-site vehicle parking and manoeuvring
               areas; arid
         b)    loading and manoeuvring areas for delivery
               arid service vehicles




        09 Parking areas are located where they will not
        unduly conflict with pedestrians an~ will not
        dominate the streetscaoe.
        010 Provision is made for aieasonable number of
        on site carparting 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       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.