MCU14/0087 Notice of Submission - Diane Jones

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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 businessANould 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.

  General explanation of the      Planning .cho>me           No. 01 dwel~ng unilS   Days and        No. of
  ptOposoo ~se                    definition ~nclude eaell   (if applicable) or     hoors of        employees
                                  definition in • n8W row)   gross floor area QI    operation       Cdappticable)
                                  (non-mandatOf)'l           appticallle)           ~tapplicable)




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 Ihatlhe    following     mand<llory supportin9   information   accolnpanieS   this application

  Mandatory supporting      information                                                 COnflnnalion   of     Method 01
                                                                                        lodgement             lodgement

  AUappUcations
  A sile plan d,awn 10 an appt>priate ..".le (1:100. t:200 0' 1:500 are                 ~nftrmed
  .ecommended """Ies) wh;clJ show. the I_no:
  •    the location and .~e .,ea of the land 10which the eppIicafion relate •
       (re/eVimlIanct)
  •    the nonh poln!
  •    the bounderie. of the relevanlland
  •    any road fronlage. oftf1e relevaD\ rand, Including the name of the mad
  •    Ihe 1l>Callonand uoe of any existing or proposed buildingS or swetu ••••
       on the relevant land (nOle: wtl8r. extenslve demoliUon 0< new building'
       a'e proposed. two separate plan. [an ""Istlng sne plan and proposed sita
       plan) may be appropriale)
  •    .ny existing or PfOposed "" •• mants on the relevanlland and their
       funetloo
  •    the lcoelian and use oJ build;ngs on land adJQjningthe relevant land
  •    all vehlde acee55 points and any existing 0' proposed ca. parl<Jng""'.s
       on tho relevant land. Car parking spaces for pe<sons wilh disabil~ie. and
       any ,,"lVlce vehicle occes. and parking should be oleaoy rnarMd
  •    for any new' building on the- relevant land, UUt location at refl.lSe s10rage
  •    the location of any PfOposed .etairing walls 011the retevan1rana ana 1I10lr
                                                                                                                            ,
  •
  •
       helgill           •
       tile location of any proposed landscaping on 111.reI~vanllan<i
       tl'lelocatlon 01 any stormwaler detenlJon 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 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.

I When the application involves new opcrntional work
, Plans ShooMg tile nature, 10C1ltion.number <>f new on-sOtaeer parl<ing blly$,        .0'COnfirmed
  propo ••• ~ eree of new landscaping, proposed fypo 01new vehicle cross-over
  (nO!>-residentiSl us<ls), proposed maxlmum new vehl",lar $OfVicing      .
                                                                                       o Not appllCll~
  arrangemant (llOfHllsklenllal uses) of the proposed new operational wort:.


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                           proposed of 3.6m x 204m to approx.
705m 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 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              59.1 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 qenerated 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

 14.11 -1.2 The overall outcomes sQught for the Dri\'eways and Carparking Code are the fo!lo'l>'ing-

 a)   Sale 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, par1iing,loading and unloading, access and
      manoeuvring of service vehicles within the development sfte;


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 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 rpar1<ingis 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 alld intensity of land use;
    b)    any existing parking aV:,l~able on the site;
    c)    hours of operation;
    d)    likely numbers of users;
    e)    the peak par1\ing demand periods of uses on
          the site; and
    f)    the availability of alternative carparkinQ.
    08      The layout of the developm ent provides
    adequate, clearly defined alld easily accessible-
    3)    all-site vehicle parking and manoeuvring
          areas; and
    b)    loading and malloeu,'ring areas for delivery
          and service vehicles




   09 Parking areas are located where they wi!! not
   unduly conflict with pedestrians an!! '.\liII not
   dominate the s1reetscape.
   010 Provision is made for aj'easomlble 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. 1believe
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.