MCU14/0087 Notice of Submission - Peter White

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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 4S67



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 G""eral explanation of the      Planning ."""me            No. t>f dwelling unils   Days and          NO. of
  PlDposed use                    definilioo ~nclude eadl    (if applicable) or       hours of          empiDyees
                                  defin~i,," in a new lOw)   gro •• floor area (if    oPllration        (rt app5cablel
                                  (non-mandaIOl)')           aw1icable)               (if applicable)

~Al
L

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.     Connnn Ihallhe     101l0,,;n9 mandatory supporting      inlonnallon   .""o,"panies       Ihls applica   on

  Mand.tory supportil1g infonniltiOn                                                   COnllJmatlon of           Method of
                                                                                       lodge"",,,1               lodgemenl
  All applications
  A site plan drawn to an aP!YOpria\e scale (1:100, 1:200 or 1:500 ere                     [;}conftnned
  recommended scal •• )_            shOW.lh. I_ng:
      1M location and site area of the land 10wIlich the application rest.s
  • (relevant Janel)
  • Ihe nonn poln!
  • the boundaries of lilt! relevenlland
  • any location
            road frontage. of the relevant land, Inc:fudingthe name of lhe mad
  • the             and use of any existillQor proposed b<Jitdlngsor $ltUClures
      on the relevant land (nOle: wiler. extensive demollUon Of new blJlldings
      ar. proposed, _ scpamte plans Ian existing Site plan and ~                site
      I'lOnlm.y be appropriate)
  • any exiStlng Of proposed easements on tne ",levant land and their
      function
  •   Ihe  location and use Ofbui1dil1gson land adjoinIng the relevan!land
  • all vehlde access points and any existing or proposed car paltlng area •
      on Ihe relevant lend, Car paltlng spa"'" for pelSO", wllh d••• bililies and
      any service vehicle access and parklllQ should be clearly ma_                                                              ,
                                                                                                                                 I
  • (or any new blJilciingon tho ",Iovanl land. the"'cotlon of refuse s1ora9O
  • th.locatlon
       heigh!
                    of arI'f proposed retairing walls 00 the relevant lana and their
                        .
  • Ihe 100811011 of any proposed landscaping on the rel!vant land         .
  •    the location 01 any SlOrmwater detention on the relevant land .
                                                                                                                                 0




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 ¥/hen the application   involves new operational     work

 Plans shomg tne nalure,looallon. ""mber of new on-••te ellr parl<lng bays,            ,0'COnfirmed
 proposed area or new Iandsoaping, proposad type C)( new vel11c1ecross-over
 (n",,"reSidentlal uses), proposed maximum new velll",l., 5lllViclng
                                                                                       o Not appllca~
 arrangemant (non-residential =) .r Ihe proposed new operational wort.,


The applicant has also confirmed that plans have been submitted                                       to meet this mandatory
re,quirement 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 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 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                59.1 Ott street carparking is provided at a
  accommodate the number and type of vehicles             rate of'l space per 20m' of gross ftoor area;
  likel'" to be nenerated bv the uses on l/le site

The applicant within the supporting      mater-ial has underestimated      the total use area of the
operation.    9m2   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 o~'emll outcomes sQught for the Driveway's and Carparting Code are the fo!lowing-

 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 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 networ1\, 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 ca rparking 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 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 availabilitv of alternative carnarkino.
    08      The layout of the 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 veh icles




   09 Parking areas are located where they will not
   unduly conflict with pedestrians an9 lvill not
   dominate the streetscaoe.
   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.