MCU14/0087 Notice of Submission - Ewen Phyland

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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 detail9 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.

       . G••neral explanation CJllhe      Planning scht1rn&          NO. of dwelling unilS   OaySand           No. 01
      , pmposeduse                        definition ~nclude each    (ff epplicable) or      hours of          em~oyees
                                          definition in a new row)   gro •• noor area (if    operation         (If app~calll,,)
      I                                   (non-mandalary)            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.     Cortlirm    Ihatlhe    following     mandalory   supporting     information    aceompao1esthl.         ppliClltion


  Mandatory     supporting      information                                                      Conllnnallon    of      Methodot
                                                                                                 lodgement               lodgemenl

  All applications

  A site plan drawn to on .pp-opr!al.         5Cllle (1:100.1:200    or 1:500 ere                ~nftnned
  recommended      scales) which _.            the fOllOwing:

  • the location and .~e area oIlhe Iond 10 which the eppflCBtloo fllIa'e •
       ~v<Hlt land)
  •    the nMh point
  •    the bounden •• of !he relevaolland
  • any road frontages of the relevant land, Including Ill. name 01 the mad
  •    thelOC3llon and use 01 anv existing or proposed l>uil<llng$ or swetu<es
       en the relevant land (OO1e:wtlere extensive demellUon or new bu~cJ;ng.
       are proposed. _    separate plnns [an existing sile plan and proposed site
       planl may be appropriate)
  •    any existing or proposed easements on tile ralev.nlland     and their
       function
  •    Ihe location Bnd use 01 buildings on land adjoining Ihe ",!evanll.nd
  •    all vehicle "",,"ss points and BOYe,isling or proposed cor parldng ""'.s
                                                                                                                                      I
       on the relevant land. Car parl<ing spaceo 'or ,,","""'     wllh disabililies and
       any seNice vehicle access and parking sI>ould be cleartv marked                                                                I
  •    to.- any new building on Iha ",I ••• nlland, tIlelocatlofl of refuse s10rage
  • the location of "flY proposed retairing walls 00 the relevant land and their
       height
  •    lhe locallon of any proposed laod.cspcng on the ,e'!vant           land      .
  •    the location of any stonnwater detenliQn on lhe reJevsnt IMd .
                                                                                                                                      •

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          invotves new opcrotional      work

 Plans showk>g \he nature. location. number of "won-site     car pari<log bays,              . 0"Connnned
 proposed area of n•••• landscaping, proPOSed type '" new vehicle cross-over
 (noo-reside<rt"'1 useS), proposed rnaxlmum new vehlwlar sclVldng
                                                                                                 o   Nol appIlca~e

 afl'angament (non-resldenlllli  uses) of lhe proPOSed new operational ..,ri<.



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 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 Codes

    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              S9,1 Off street carparking is provided at a
      accommodate the number and type of vehicles           rote of 1 space per 20m' of gross floor area;
      Iikelv to be oenernted bv 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 sQoght for the Dri\'eways and Carpal1ting Code are the follO'hing-

     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 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~ilable 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 avaijabilitv of alternative caroarkina.
         08      The layout of the development provides
         adequate, clearly defined and easily accessible-
         a)    on-site vehicle parKing and manoeuvring
               areas; and
         bl    loading and manoeuvring areas for delivery
               and service vehicles




        09 Parking areas are located where they will not
        unduly conflict with pedestrians and " "II not
        dominate the slreetscaoe.
        010 Provision is made for aj:easonable number of
        on site carparking spaces identified and reser .•••
                                                         ed 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.