MCU14/0087 Notice of Submission - Jarrith Hughes

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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 expianetion 01 the         Planning schorn.            No. 01dwelling units      Days and          No. of
  p,,>posed use                      definition (Include earn    (if applicable) or        hours of          emp/ayees
                                     d<lfinition in a new tow)   gross fltlOrarea (If      operation         (If appicable)
                                     (non.mandaIOl)')            applicable)               (i/ applIcable)

rill"
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.      Conflrm    lhal tile follQWing mandatory      supporting   Illfonnatlon   .ceo;"p.nle5Ihls


  Mandatory       5upp<>rtlng    Inlormauon                                                 ConnnnatJon     of     Method 01
                                                                                            lodgement              lod9"ment

  All applications

  A site plan drawn to an appropriate scale (1:100. 1:200 or 1:500 are                      ~nftrmed
  recommended      =Ies)  wllich shows tha fOllOwing:

  •    the location and sija area of Ihe land 10 wllich Iho oppflCBtion relatas
       (releVllllt land)
  •    the nonh point

  •    the boundaries of tile relevant land
       any roed fronlages oftha mwant land, lnduding          1M name of the road
  •
  •    the location and use 01 any exlstino or proposed buikltnos or structures
       on til. relevant land (not.: wher. extensive demollUon Of new bullOings
       are propos<ld. two s~le       plans [an existing sit. plan and proposed Site
       planl may be approJXiate)
  •    any .>dsIing or proposed easoments on tile relevanlland and tIleir
       f""elton
  • the  location and use of buiklings 00 land adjoining the relevant laoo
    all veht~    access points aoo any existing or proposed cat par1<ing ~as
  •
       on th. relevant land. Car patidng spate3 fot pefsons with disabilities and                                                ,
       any service vehicle access and pal1<lng slIo<Jld be clearty marl<ed
  •    for any new building on the relolrJant land. the ~tJon 01 refuse storage
  • the location of "I'y proposed retairing wafls 00 the movant land and lhelr
    height
  •    the location of any proposed landscapmg on the llll~v.nlianil            .
  •    th. location of any SlOmrwaler 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 ShoMlg 1110nalure. IocaUQn, number Q/ new Qn-slte car parking bays,                 .0Confirmed
 prtJPCl5<!dare. Qr new landscaping, propo.ea type 01 new vohld. cross-over
 (n_dentlal       •.••• s), proposed maximum new vehicular •••••••il:ing
                                                                                            o    Not appllcalk

 arrangement (non-rcsldentlal uses) or the proposed new operational wort<.



The applicant has also confirmed that plans have been submitted                                         to meet this mandatory
r~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 3.5m 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 504m (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 carparking is available to                59." Off street carparking is provided at a
  accommodate the number and type of vehicles             rate of 1 space per 20m' of gross floor area;
  likelv 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 overnll outcomes sQught for the Driveways and Carparking Code are the following-

 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, parning, 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 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
         f\    the avaifabilitv of alternative carparkino,
         08      The layout of the development provides
         adequate, clearly defined and easily accessible-
         a)    on-site vehicle parning and manoeuvring
               areas; and
         b)    loading and manoeu'.'ring areas for deli'•.ery
               and service veh icles




        09     Par1kingareas are located where they will not
        unduly conflict with pedestrians and will not
        dom inate th e streelsc ace.
        010 Provision is made for a j"easonable number of
        on site carparning spaces identified and reserved for
        peop Ie with dIsab llilies.

        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.
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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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