MCU14/0087 Notice of Submission - Debra Court

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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.

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 deveiopment         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"".",I   explanalion of the      Planning scheme            No. 01 dwelling unns      Days and         No. of
I p'l>JlO5OO use                    delin! ion ~nclud. eed!
                                    definilion in • new rnw)
                                                               (if applicable) or
                                                               (IrOss floor area (~
                                                                                         hours of         employees
                                                                                         operatil>n       (II .ppkcallle)
I                                   (non-mandalO<)'l           applicallle)              (ilapplicable)




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 that the following "mandatory supporting             information   accompanies      this application

  Mandatory supporting         information                                                   Confi""atlon     of     Method of
                                                                                             lodgement               lodgement

  All applications
  A site plan drawn to an alJlX'OPflatescale (1:100. 1:200 or 1:500 are                      g.c.,nftnned
  recommende" 5C81es)which shOWSthe fOllOwing:
  •    tM localion and sne area of !he kind to which the application relates
       (rei<lvoot Janel)
  •    the nonh point
  •    the boundaries of 1ho rolevanlland
  •    any roaa fronlOlleS of the releva", lan<!, Including !he name of the flllld
  •    th.locallon and use 01 any ""Istlng or proposed buillling. or stnJetu,"
       on the reJevant land (nole: where extenslve demoliUon 0< new bul "ngs
       are proposed.l\\IO separnte plans (an existing site plan anaPlOllOSOd site
        plan) msy be aPl'rolXiate)
  •    any O>dStIngor PJQposedcasoments on Ille relevant land and IheIr                                                            I
       function
  •    the locallon and use 01 building. on land .dJoinlng the relevant land
  •    all vehicle access points and any existing or propo.ed car parl<lng ••.• a'
       on the relevant land. Car parking .paCC<l'or     pet""'" with disabllijies and
        any service vehicle access and parking sho<lld be eleany mal1<i<l
        tor any new building on the- relevant land, the JocaUon 01 refuse s10rage                                                  !
  •
  •    the location of"f'Y proposed retairing walls on thO relevamland and melr
        nelght
  •    thel"""lIon of any proposed Iand.caping on the reI~vant land            .
  •    U'I8location 01 any stOrTfMIa'er cetention on tile 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 ShO~      me nalure. IocaUon. number of new on-site car parking bays,             .0'"conOnned
 proposed area of new landscaping. propos"" type at new vshlcle cross-over
 (non-reSidootlal "",s), proposed maximum new vehicular SOlVi<:ing
                                                                                             o Not applicable
 arrangement (nOfl-resldential uses) of me proPOSed new operational I"Ork.


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 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.
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 ~odes

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. -/ Oft street carparking is provided at a
  accommodate the number and type of vehicles           rate of1 space per 20m' of gross floor area;
  likelv to be Qeneratedbv the uses on the site

The applicant within the supporting     material has underestimated      the total use area of the
                2
operation.    9m 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 Driveways and Carparking Code are the following-

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

 b)   The safety oi pedestrians and cyelists is protected;

 d)   Carparking spaces and the associated manoeuvring areas provided are designed to be safe
      and function31and meet tile reasonable requirements of tile particular land use;

 e)   Adequate provision is made for the standing, parking, loading and unloading, access and
      manoeuvring of service vellicles 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, capa city and operations ofthe existing or
  planned road networt, the proposed driveway,
  cycleways or pedestrian pathway systems.

Allowing an additional    use to occur on site that may reql!ire 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 intensity of land use;
             b)    any existing parking av:>ilable on the site;
             c)    hours of operation;
             d)    !ikely numbers of users;
             e)    the peak parking demand periods of uses on
                   the site; and
             f)    the ava~abilitv of alternative camarkina.
             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 and will not
            dominate the slreetscaoe.
            010 Provision is made for ateasonable number of
            on site carparking spaces identified and reser .•••
                                                             ed 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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