MCU14/0087 Notice of Submission - Lynley Tierney

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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 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 G"""",I
I           expianation ol th&
    proposed use
                                    Planning sd>em&
                                    definition 6nclude ellGf1
                                    d<lfinilion in • new lOw)
                                                                No. 01 dwelling units
                                                                (d applicable) or
                                                                gross n!>Or.~     (if
                                                                                        Days and
                                                                                        hours of
                                                                                        operation
                                                                                                          No. of
                                                                                                          employees
                                                                                                          fd appkabl&)
                                    (noo.mandatOl)')            appHeellle)             (if applicable)




Some of the submitted plans are numbered to make ease of reading and the legibility is poor.
Pians make reference to "paces" and are in a context that cannot be interpreted .



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  4.     Co""nn      lhatthe    following   milOdatory   supporting!nformatlon       accomponiesthls     appliution


  Mandatory    supporting       infQll1Iation                                               Connnnadon      of        Method of
                                                                                            lodgement                 lodgement

  All applications                                                .
  A sile plao drawn to an appropriate scale (1:100.1:200          or 1:500 are              ~nftnned
  recommended      scales) which shC>W$lhe fOllOwing:

  • the locallon and s~e area of the land 10 which the applicati<l<l relates
       (re/e"""r IancI)
  •    lhe norlh point
  •    lhe boundaries of the relevanf land
  •    any road 'rontages of the relevant land, Including Ill. name of the mad
  •    tilt> Jocallon and •••• 01 any existing or proposed Widing. or struClure •
       on tha relevant land (note: wIlere extanslve demoliUon or new buDdings
       are proposod. two separate plans Ian existing slta plan and prop<)S(ld sile
       plsnl may b& appropOate)
  •    any existing or proposed easements on the relevanlland and their
       futletlon
  •    the locatioo and use 01 buildings on land adjoining the relevant land
  •    all vehicle access points and any e,isling or proposed car parldng ""'a'
       00 the relevant land. Car parong spact!S kJr person. with disabililies an<!
       any so",lce vehicle a=ss    and partling should be clearly ma~
  • lor any new building on the "'Ie""nlland. the location at refuse storage
  • the location of"f'Y proposed retairing walls 00 the relevant land and thel,
       heigh!
  •    the l008l1on of any proposed landscaping on the rel,vant         lana     .
  •    the location 01 any Slormwa1er 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 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.

i When the application         involves new operatJornll work

 Plan. Showing tM naMe. location. number of new on-Site Cllr p.rl<lng bays,                .0'CMfirmed
 proposed area of new landscaping, proposed type at new vehicle cross-over
 (noo-re5identl.1 usos), proposed m9J<lmum new vehloular selViang
                                                                                            o   Not applicable

 Str.ng.ment     (noo-resldenll.1 uses) 01 the proposed new operation.1 wort.



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 2.4m to approx.
75m 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 occurred.

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 carparking is available to               59,'/ Oft street carparking is provided at a
  accommodate the number and type of vehicles            rate of 1 space per 20m' of gross floor area;
  likelv to be oenerated bv the uses on the site

The applicant within the supporting     matefial 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 Driveways 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 s13nding, parting, loading and unloading, access and
      manoeuvring of service vehicles within the de',.elopment 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 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 intensit'f of land use;
    b)    any existing parking av~iJable on the site;
    c}    hours of operation;
    d)    likely numbers of users;
    e)    the peak p3rking demand periods of uses on
          the site; and
    f)    the avail3bilitv of alternative c3rparking.
    08      The layout of the development provides
    adequate, cle3l1y defined and easily accessible-
    3)    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
   um:luly conflict with pedestrians and will not
   dominate the streetscape.
   010 Provision 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.