MCU14/0087 Notice of Submission - Joshua 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 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 ~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 of the      Planning sdl<!m.            No. 0/ dwelling unils   Days and          No. of
  PfOposed use                    definition ~nclude e.ell    (ij applicable) or      hour:; of         employees
                                  definition in a ncw fOW)    aross AOoOraMa (ij      operation         (ij applicabl.)
                                  (non.mandatory)             applicabie)             (if applicable)

  .4io .



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.      Conftom that the /ollowing       mondatOI)' supporting    In/oom.lIon    .""omp.nles     this appllulion

  Mandatory supporting       in/oonation                                                    Confum !lOll 0/      Metho<lo/
                                                                                            lo<lgement           lo<lgemenl
  All applications
  A site plan drawn 10 an apjrGpriet. scole (1:100,1:200        or 1:500 are                g.eonftrmed
  re<:ommend<od scales) which shOWsthe r_no:
  •    the I<>coUonand sne area of Ihe land to whioh the eppClCalioorelales
        (relevant IancI)
  •    the north point
  •    the boundaries of lIle retevanllend
  •     any ",ed frontages 0/ the reI~ant land, including the name at the road
  •    Ih.'<>colion and use of eny existing or proposed buildings or stnJdures
        an Ihe r&1~ant J<lnd(note: wIlere exlenslve demoRUon or new buldlngs
        are proposed. two separale plans Ian existing site plan and proposed sila
        pl<>n]may 00 appropriale)
  •     any e>dsting or proposed easemants on tne rolevanlland and their
        'unetlen
  •    the location and use of buildings on land adjoining the relevant land
  •     all vehicle aceess points and any exbling or proposed car parking ...,as
        on Ihe rolevanlland. Car parking spact<\ lor I""SOllS with disabjl~ies and
        any seNioe vehicle access and parking should be cJoarty mert<ed
  •     'or any new building on the ""Ie"",nlland. th.l~         of reruse s1or8ge
  •    Ihe '<>colion of "IlY proposed retairing wallS on the relevant land and Ihelr
       height            .
  •    the locallon of any proposed landscaping on tho ret~v.nllancl           .
  •    the location of any stormwater   detention 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 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 shOwW1gthe nalure.looation. number oI"w on-silo ell' parking bays,                .0""Confirmed
 plOIJOsed .reo of new landscaping. pnaPOSedtypa at new vehicle cross-over
 (non-resJdefrtlal •••• s). proposed mwdmum new vehlaJlar se<Vicing
                                                                                            o Not appIlCIl~e
 at,angement (non-resldenlllli USU5) of the proposed new operallonel werk.


The applicant has also confirmed that plans have been submitted                                       to meet this mandatory
re.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 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                              pr6posed 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 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 Off street carparkinjl is provided at a
  accommcxlate 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
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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 ovemll outcomes sQoght for the Driveways and Carparting Code are the following-

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

 b)   The safety of pedestrians and cyclists is protected;

 d)    Carpar1<ingspaces 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 st3nding, par1ling,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 networ1<, the proposed driveway,
  cycleways or pedestrian pathway systems.


Allowing an additional    use to occur on site that may reqtJire 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 afld type of vehicles likely
    to be generated by the development having regard
    to the specifics of the use including-
    al    the tYPe afld intensity of land use;
    b)    any existing parking av:,)ilable Ofl the site;
    c)    hours of opera tion;
    d)    likely numbers of users;
    e)    the peak parking dem and periods of uses on
          the site; and
    f\    the availabili1v of alternative cam.'rkinn.
    08      The layout of the development provides
    adequate, clearly defined afld easily accessible-
    a)    cfl-site vehicle parking and manoeuvring
          areas; and
    b)    loadiflg and mafloeuvring areas for delivery
          afld service vehicles




   09 Paridflg areas are located where they will not
   unduly conflict with pedestriafls an~ will not
   dominate the streetscane.
   010 Provision is made for aj"easoflable number of
   on site carparking spaces identified afld reserved for
   people with disabilities.

   011 Access and egress poiflts 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
1do 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 nlaking 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.