MCU14/0087 Notice of Submission - Feng Yun Xiao

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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.


I
I General e'planation
    pmpooed use
                        oIlhe      Planning Sd><!m~
                                   defin~ion (include each
                                   definition in a n~ tow)
                                                             No. or dwel1ino unilS
                                                             Qf applicable} or
                                                             aross Roor area (If
                                                                                     Days ana
                                                                                     hours of
                                                                                     operation
                                                                                                       No. 01
                                                                                                       emplO)l<les
                                                                                                       (d aptlkcable)
                                   (non-mandate<y)           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 Ihat the following   milOl;Ialory supporting   Informalfon   accompanies       this application

  Mandatory sUPjlOrtln~ information                                                     Conllnnallon    of     Method of
                                                                                        lodgement              lodgement

  All appllcallons
  A oIle plan drawn to an app-opllale scale (1:100. 1:200 or 1,500 are                  g.c.,nnrmed
  recommended SCllles) which show> Ihe lolIOwino:

  • the  location and s~e area oIlhe Iond to which the oppflCSlion relales
    (reIeVilfll/iJOO)
  • Ih. north point
  • the boundaries of Iho reievanlland
  • any Alad fAlnlages of the relevant land, Includinglhe name 01 the road
  •    lhe loeotlon and use 01 any existing or proposed buildings or strue1ures
       on ll1e relevant land (nato: wher. extenslve demolition or new buildings
       are proposed. two separate pions [en existing site plan and propo.sOOsite
       plan] mey be appropriate)
  •    any e>dstlng or proposed easements on IDe relevanlland and !heir
       lunctlon
  •    the location and use of buiklings on land adjOining Ihe relevant land
  •    all vehlde ","",ss points and any existing 0' proposed car parldng area•
       on the relevant land. Car par!dng spaces for person. with disabilities and
       any •••rvlO8 vehicle a«;ess and parking should be cleany marked
  •    lor any new building on lh ••• Ievanllan<!. IDe klc:a1Jon01 refuse 510rage                                              i
  •    the location 01 any proposed re1airing walls 00 the relevallliand and IMlr
       heighl            '
  •    the location of any proposed landscaping on the ret~vanlland      .
  •    the location of any 5tOrmwa'~rdetenljon on the 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         de.monstrated              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.

 WJlen the application    involves new operational    work
 Plans shOwO-1gUle nalure. location. rtUmber of new on-site eer parl<lng blly$,     .0'Confirmed
 proposed area of new landscaping, propo.oo type 01 new velhlcle cross-over
 (non-residential US<ls),proposed maximum new vehlwlar solVicing
                                                                                        o Not appU••• tfe
 arrangement (non-resldentlal uses) 01the proposed fl(Ni operallonal wor1<.


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.
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 ~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." 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 oenerated 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 overail outcomes s<iJght for the Driveway's and Carparlling Code are the following-

         a)   Safe and reasonable access to and from vehicie accommodation and standing areas wittlin a
              property and from the public road is pro'fided;

         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, parking, loading and unlotlding, access and
              manoeuvring of service vehicles within the de."elopment 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
  planAed 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 carparldng 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
    fl    the availabilitv of altemanve camarkino.
    08      The layout of ttle development provides
    adequate, clearly defined and easily accessible-
    a)    on-site vehicle parting and manoeuvring
          areas; and
    b)    loading and manoeu.'ring areas for delivery
          and service vehicles




   09 Parking areas are located where they will not
   unduly conflict with pedestrians and lvill not
   dominate ttle s1reetscaoe.
   010 Provision is made for aj:easonable number of
   on site carparting spaces identified and reserved for
   pe<lple 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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