MCU14/0087 Notice of Submission - Jill Phyland

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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 business;Would 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.

  G""e",i explanation oJ lhe      Planning scheme             No. 01dwelling unils      Days and          No. 01
  proposed use                    defin~lon ~ncJude ead!      (if applicable) or        hours of          employees
                                  definition in • new row)    (lros. floor a",. (if     operation         (If aw.cable)
                                  (non-mandatory)             applicable)               (if applicable)




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   Inlormatlon   accompanies       this application


  Mandalory     supp<>rting    information                                                    Conn""atlon     of     Method of
                                                                                              lodgement              lodgemont

  All applications

  A >lie plan drawn to an aP!¥Opriate seale (1:100. 1 :200 or 1 :500 are                      g.eonfirmed
  recommendod      salles) which sIlows the I_ng:

  •    the locaUon .nd s~e area of !he land to which the eppflClltlO<l ralales
       (reie""nt lanet)
  •    lhe north point
  •    the boundaries of !he relevanlland
  •    any roed fronlages olth. lllIevant l.nd. including tile name of the mad
  •    the location .nd uoe DC any existing or proposed Widing. or strucIure •
       on the relevant land (note: where extensive demoUtion or new lxJjdjng.
       are proposed. t.Yo s.pamte pians (an existing site plan and flI'lIlosed SIte
       plonl may be appropriate)
  •    any existing Of PIOPOsed easements on tn. relevant I.nd and \/leir
       lunttlOll
  •    the location and ••••• of building. on land adjoining the relevanlland
  •    all vehicle access points and ""y existing or proposed ear partdng •••••
       on the relevant land. Car parking spaces lor pe1SOI1Swllh disabilnies and
       any •• ",iee vehicle acress and parking ohould be c1ea~y marl<ed
  •    lor any new building on lb. retevant I.nd.lheloeatlon  01 refuse $1orogo
  • the location of any proposed relaining wall. on the lllIevanlland
    helghl           .
                                                                               and melr
                                                                                                                                     I
  •    the location 01 any propos«llandscaping  on the rel~vantlarni            .                                                    I
  •    th81ocatlon 01 any stormwaler detenllon 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.

i When the application        involves new operational      work

 Plans shOMlg tM nature. I,"",tlon. number of new o"",,Ie car parking beys.               .I2fConfirmed
 proposed ."'.   01 new "'ndscaping. proposed type 01 new vehicle cross-over
 (noo-re$idOO1ial useS), proposed maximum new vahl",,' •• sefVldng
                                                                                              o   Nol appllca~e

 arrangement (llO/I-reskJentlal uses) of the proposoo fleW operational ••••rI<.



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 5o4m (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

  Gar Parking
  09 Sufficient carpar1<ingis available to                59." Off street carparking is prov.idedat a
  accommodate the number and type of vehicles             rate of 1 space per 20m' of gross fioor area;
  likel" to be oenerated bvlhe 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 sQught for the Driveway's and Carparking Code are the follO'Mng-

 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 of pedestrians and cyclists is protected;

 d)    Carparking spaces and the associated manoeuvring areas provide<!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, 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 networt, 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 generated by the developm ent having regard
         to the specifics of the use including-
         a)    the t'jpe 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
         fl    the availabilitv of alternative caroarkino.
         08      The layout of the developm ent provides
         3dequate, 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 wi!! not
        unduly conflict with pedestrians an~ '.vill not
        dominate the streetscaoe.
        010 Provision is made for aj'easonable 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, SOlO 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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