MCU14/0087 Notice of Submission - Robyn Hay

Page 2

                                        •
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 General explanation   0( the      Planning ochflme          No. of dwelling units     Days and          No. 01
I pfOpooM use                       definitioo ~ncJude ead1
                                    defin~ion i1 a new row)
                                                              (if applicable) or
                                                              Gros. fiO<lrarea (if
                                                                                        hours of
                                                                                        operation
                                                                                                          employees
                                                                                                          Cdapp~~le)
                                    (noo-mandatO/)')          applicallle)              (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 .



                                       •

Page 3

                                                                                                                                     .'




  4.     Confirm Ihalthe    fOllowing mandalory     supporting      information   accompanies     Ihls appll"-lion

  Mondalory supporting       information                                                   Connrma~on     of     MelhodQ/
                                                                                           lodgement             lodgemenl

  All applications                                              .
  A site ~n drawn to M appropriale scale (1:100,1:200 or 1:500 ore                         9-conftrmod
  recommended SCIIles) which sIlowsthe fOlOwing:

  • tile locallon and s~e area oIlhe land 10 ~icillhe
    (nmvont /and)
                                                           applicatioo relatas

  •    Ille nonn point
  •    tlla boundarie. of tne relevanlland
  •    anr road fronlages of Ine relevant 'and, Including the name 01the road
  •    the locallon and use 01 any existing or proposa<I buildings or SWCIures
       on the relevant IBnd (nOle: wn..r. extensive demoUUon or new t>Jlldings
       at. proposed, two scpa"'le pi",,' (on existing she plan and proposed Site
       p1anl may bf! appropriale)
  •    any exiSting or proposed easomenls on tile relev8011and and lheir
       I..,etlon
  •    the location and use of buik!ings on land adjo.ining Ihe reieva,..land
  •    all vehlde access points and any existing Or proposad car parldng "",a •
       on the relevant land. Car patking .paces for per""ns with disabilities and
       any service vehicle 8CCe$$and parking should be clearly mar1<ed                                                         ,
  •    for any new building on the rele'l3nlland. the location 01 refuse s10rage
  •    lne location of IJf'Y proposed relairing walls on the relevant land and Ihelr
       height            .
                                                                                                                               I
                                                                                                                               I
                                                                             .                                                 I
  •    the 1"""lIon of any proposed landscaping on Ih. rel,vantlana
                                                                                                                               I
  •    ttl.locallon of any stormwaler 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.

 When the application      involves new operational      work

 Plans SMowklg me nalUre. location, number <>fnew on-site <;orpar1tlng bays,
                                                                                        r:f:confirmed
 ~f1JIJOsedarea of new landscaping, propo.1ld type of /lOWvehicle cross-over                 NOIapplicaIR
 (non-residentlal uses), proposed maximum new vehlwlar set'lldng
 arrangement (non-resklenUal uses) of tile proposed new operational "",rt..


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 2.4m to approx.
7.5m x 5.4m (40m2). This is in estimation what will be required to service customers as they
chose the hire equipment from the trailer.

                                                                                       •

Page 4

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 carpar1dngis available to                59. J Off street carparking is provided at a
  accommooate the number and type of vehicles            rate of 1 space per 20m' of gross floor area;
  likel" to be nenerated b" the uses on the site

The applicant within the supporting       material 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 overall outcomes ~ght       for the Dri\'eways and Carpar1l.ingCode are the following-

 a)   Sale and reasonable access to and from vehicle accommooation and standing areas within a
      property and from the public road is provided;

 b)   The salety 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.

Page 5

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.

                                                            •




                                                            •

Page 6

    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 afld 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
    f\    the availabilitv of alternative camarkina.
    08      The layout of the development provides
    adequate, clearly defined and easily accessible-
    a)    on-site vehicle parlliflg and manoeuvring
          areas; and
    b)    loading and manoeu'.'ring areas for deli'•.ery
          and service vehicles




   09 Par1<.ingareas are located where they will not
   unduly conflict with pedestrians and '.\lill not
   dominate the streelscaoe.
   010 Provision is made for aieasonable number of
   on site carparlling spaces identified and reserved for
   people with disabilities.

   011 Access and egress poiflts 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,

Page 7

                                                                                                     •




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.