MCU14/0087 Notice of Submission - Keiran Kearney

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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 detail9 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 Gene",l explanation althe      Planning scheme            Nn. 01 dwelling unit<     Days and          NO.ot
I pmposed use                    definition Qnclude .eell
                                 ~finifion in a new row)
                                                            (if applicable) or
                                                            gross fioor area Qf
                                                                                      houlS of          employees
                                                                                      operation         (d applicable)
                                 (non.mandatOl)')           2IJl)licable)             (it applicable)

    111                                  ;~
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.     Conllrm     Ihat lhe following      mandalory   supporting    infonnation     .ccomp.n","       this applk:    'on


  Mandatory     supporting     Information                                                       Confirmation    of     Method of
                                                                                                 lodgemenl              lodgemenl

  All applications                                                 .
  A site plan drawn to on appropttale scale (1:100, 1:200 or 1:500 are                           [;}<;onftrmed
  recommended      """I •• ) which shOwS the f_no:

  •    tM location and sne area of the land 10 which lhe application         redates
       (reIlJvant land)
  •    the nonh poln!
  •    the boundaries of !he ~_nlland
  •    any road frontages of the redevanlland'       Including Ille name oIlhe fOlId
  •    IhelocolJon and"""    of any existing or proposed buildingS or struelures
       on Ille relevant land (nOle: where extensive demollUon or new bui<lings
       are proposed. two sepgr.lte plans Ian existlno sile pI.n and pooposed site
        planl may be appropttale)
  •     .ny existing or proposod easements on Ill. relevanlland and their
       function
  • the  location .and use of buildings on lanc:1 adjoining the relevant land
  • all vehicle ","",ss points and any existing Or proposod car parklng ate •••
       on lhe relevant land. Car parking Space3 for persons with disabililie. snd
       any service vehicle access and parklno should be cleany ma_

  •
                                                                                                                                        l
       for any new build1no on Ihe relevanlland.lhelocatlon   ci refuse .10"'11"

  •    thelocallon of any proposed retairing walls on the relevanlland and t11elr
        height          •
                                                                                 .
  •
  •
       lhe location of any p<oposed landscaping an lhe ret!vant land
       the'ocatlon 01 any SlOrmw~ter<U!tentionon the relevMt 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 onsite    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 shOwing the nalure.locall.n,   number 01 "" •• o",sito cln par1cing bays,             . 0"i::onnnned
 propo ••• d area 01 new landscaping. proposed type ci ne •• vehicle cross-over
 (non-reSidential uses), propoood maximum new vehloutar •• rvang
                                                                                                 o   Not applicalR

 a(,angament (non-residential uses) of the 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 35m 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                                   pr6posed of 3.6m x 204m 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.

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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               59.1 Ott street carpar1<ingis provided at a
  accommodate the number and ripe of vehicles            rate of 1 space per 20m' of gross floor area;
  likelv to be aenerated bv 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 Carpar1<ingCode are thefoflowing-

 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 func~onal 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 ttle number and type of vehicles likely
    to be generated by the development ha.'ing 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 availability of alternative caroarkinq.
    08      The layout of ttle 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 Parking areas are located where they will not
    unduly conflict with pedestrians an!! will not
    dominate ttle streetscaoe.
    010 Provision is made for ajeasonable 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.