MCU14/0087 Notice of Submission - Henry Martin

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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 businessMtould operate near impossible.

JDASform S 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
I General explanation oflhe
    ptoposed use
                                  Planning schorne
                                  definition (include ead!
                                  definlllM in a new tow)
                                                              No. 1)/ dwelling units
                                                              (if applicable) or
                                                              gross floor area (d
                                                                                        Days on<!
                                                                                        hOllIS of
                                                                                        operation
                                                                                                          No. of
                                                                                                          employees
                                                                                                          (d applicable)
I                                 (non-mandaICll)'l           applicable)               (il applicable)

    liio .



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 Ih.llhe      following mandatory supporting         information aceo"",.n!e"lhls         application

  Mandatory supporting         information                                                  Confirm.llon     of         Melhod of
                                                                                            lodgement                   lodgemenl
  All appllcalions                                                .
  A site plan drawn to /ll1 approptlale scale (1:100. 1:200 or 1:500 are                    g,c.,nftrmed
  nocommended scoles) wtUch shows the r*wing:
  • t~ locatloo .nd site are' oIlhe land to wtJich lhe application relales
       (re/<Ivant land)
  •    tn. north point
  •    the bounda".s of !he relovanlland
  •    any ",ad fronlages of the relevant land. including lho nome oIlhe mad
  •    the lC>C8llonand use oI.ny existing or proposed buildingS orstrueturtlS
       on lh. relevant land (n<>t.:wtJere extemlVe demo/lUon Of new buildings
       are proposed. two separate pI."s Ian existing slle plan and (lIOllOSedsit.
       p1anl may be appropnale)
  •    any existing or proposed easemolltS on lh. ""evan/land and their
       fundlon
  •
  •
       the location and use 01buil<liOgson laM adJ••ning the relevan/land
       all vehicle access poillts and any e.isling or proposed car parldng are.s
       on lhe relevant land. Car parlcing spaces for persons willi disabllilies and
                                                                                                                                      I
       any "'Nice vehicle access and parking should be clearly m.rl<ed
  •    rocany new building on Ihe ",1"""nll.M.lhe      loeatloo of refuse storage
  •    the localloo 01a,ny proposed ret.iring walls on tho relevant I.nd and their
       heigh!
  •    the location of any proposed landscaping on the n>l!vant land           .
  •    the locaUon 01 any SlOmlWater detention on the relevant 1and.
                                                                                                                                      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       work

 Plans sI10wing tne nalure, location •••• mber of ne •• on-site (;<lrparJ<lngbays,       .0'CMr,rmed
 proposed area or new landscaping. proposOO type 01new vehicle cross-over
 (no<>-reSidellli81uses), proposed ma><imumnew vahl""l •• se",lcing
                                                                                            o Not applicable
 arrangement (non-resldenllal uses) of tne proposed new operational work,


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.
7.5m 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 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 carpar1<ingis available to                 59. '10ft street carparking is pro~'idedat a
  accommodate the number and rIPe of vehicles              rate of 1 space per 20m' of gross fioor area;
  likel" to be oenerated 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 sQoght for the Driveways ancl Carparking Code me the foIlO'I>;ng-

 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 reaoonable 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 potentjal 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 generoted 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 nu mbers of users;
        e)    the peak parking demand periods of uses on
              the site; and
        f)    the availability of alternative carparkino.
        08      The layout of the development provides
        adequate, clearly defined and easily accessible-
        a)    on-site vehicle parking and mano.euvring
              areas; and
        b)    loading and manoeuvring areas for defivery
              and service vehicles




       09 Parting areas are located where they will not
       unduly conflict with pedestrians am:! will not
       dominate the streetscape.
       010 Provision is made for aieasollable llumber of
       on site carparkillg spaces identified alld reserved for
       people with disabilities.

        011 Access and egress poillts 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.
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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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