MCU14/0087 - Notice of Submission - Russell Green

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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 businessAvould 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.

    General explanation ollhe        Planning <Cherne           No. 01 dwelling unilS     DayS and              No. of
    pmposeduse                       definition ~nclude eact1   (if applicable) or        hom. of               employees
I
I
                                     dafinition in a now row)
                                     (ooo"",oOO.tO<)')
                                                                gross floor areo (if
                                                                .pplicable)
                                                                                          operation
                                                                                          (it applicable)
                                                                                                                Of aPllhc.able)


                                                                                                            I


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.      Confirm    thaI tile foll"";"9      mandatory   supporting     information    "ccamponl.sthls        application


  Mandatory      supporting     information                                                     Confirmation     of      Method of
                                                                                                lodgement                lodgement

  All applications                                                   .
  A sit. plan d,awn to an appropriate """Ie (1;100,1:200             or 1:500 are               ~nnnnlld
  recommended      scales) whlcll shows the following;

  • Ihel<>eatlon and sn. Ofea of the land to which the epplication relates
       (reIe'fflllt land)
  •    tha nonh point
  •    the boundaries of the relevant land
  • the location and use of any exlstmQ or pt'OllOSed lluiidlngs or sttuelu",s
       any road framages oflhe relevant land, Including the oame of the mad

  •    on the relevant land (nOle: whe,e extenstve demolition Of new bulldif9s
       are proposed. two soparate pians (en eJ<IsUf9 Site plan and proposed site


  •
       planl may b& appropriate)
       any .>Qsting Of proposed """"menlS
       funCUon
                                               on lIle relevanlland and their                                                         .,
  •    the location and use Of building! on land a<!j",nlng the relevarlilarld
  •     all vehlde aecess polnls and any existing or proposed ca, parting ""ea •
       on the ",tevant land. Car parking .paces fo' petsoos with disabilities and
       any service vehicle a=s      and parking should be oloany martuld
  •     fo< any new building on the ",Ievanlland,    thelocatloo at refuse storage

  •    the location of any propoSlld ratairing walls on the •.•••ev.nt tand and their
        height          '
                                                                                    .
                                                                                                                                      I
                                                                                                                                      I

  •
  •
       the '"""Uon of any Pfoposed landscaping on Ihe rel~v.nIlan<l
       the location 01 any stormwaler detenlion 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.

i When the application        involves new operational       "lOrk

 P1'ns Showing the nature. I"""tion. number of new on-sito oar parking bays,                  .0'confirmed
 p,opo5'8d are" of new Iandstaping. proposed type C)( naw vehicle cross-over
 (non-reSidential usos), proposed maximum new vehicular servl<;ing
                                                                                                o   Not aPlllloalJle

 arrangement (llOfHosldentl8l   uses) of tile proposed new operational 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 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 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 iength 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 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

  Gilr Parking
  09 Sufficient carpar1<ingis available to                 59.1 Oit street carpar1<ingis provided at a
  accommodate the number and type of vehicles              rate of 1 space per 20m' of gross floor area;
  likelv to be nenerated bv 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 sQught for the Dri.'eways and Carparking Code are the following-

 a)   Safe and reasonable access to and from vehicle accommodation and standing areas within a
      propertj and from the public road is pro',ided;

 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, parking, 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
         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 intenSITYof land use;
         b)    any existing parking av~~able 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 avaUabilitv of alternative camarkino.
         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 vehicles




        09 Part:.ing areas are located where they will not
        unduly conflict with pedestrians and '.vill not
        dominate the streetscaoe.
        010 Provision is made for a j'easonable 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 .




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