MCU14/0087 Notice of Submission - Ricky Cethem

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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 businessAvould 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
I G"""",I explanation cl the
  PlOposed use
                                  Planning scheme
                                  definition ~nclude each
                                  defin~ion in a new row)
                                                             No. 01dwelling units
                                                             (if applicable) or
                                                             ~ross fl()Or area (if
                                                                                     Days and
                                                                                     hours of
                                                                                     operation
                                                                                                           No.ot
                                                                                                           employees
                                                                                                           (d applicable)
I                                 (non-moodatOl)'l           applicable)             (it applicable)

                                                                                                       I


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 thall!le    follo,,;09    mandatory   supporting   Ioformatlon   accompanies   Ihls applic        'on

  Mandatory supporting         information                                                Connrmadon      of         Melhodof
                                                                                          Iodgem<ml                  lodgemenl

  All applications
  A oiIe plan drawn 10 an aprropriale scale (1:100,1:200 or 1:500 are                     [;}<:onftrmed
  recommended OC81es)which $hows the folo'wing:

  • tile location and s~e area of the land to wllich the ep~lClltioo f!IIat.s
    (reIeVBnt Jancf)
  •    the north point
  •    the boundario. of lIle relevant land
  •    any road frontages Of tf1e relevant land, including lIle name of the mad
  •    the'ocatlon and •••• 01 any existing or proposed buildings or structures
       on lIle retevant land (oote: where extensive demoilUon or new b<lil<lings
       are proposed. two separate plans Ian existing sile plan and propose<! site
       plan) may be aPllropriate)
  •    any e>isting or proposed easements on lIle relevanilaM and 1Ilelr
       funCUon
  •    the locelion and use of building. on lan<ladjoining the reievanlland
  •    all vehlde access points and any «i>ling or proposed car parting ""'.s
       on the relevant land. Car parldng spaces lor pe<son. with disabil~ies and
       any service vehide .ccess 8nd parking should be clearty mart<ed
                                                                 01 refuse s1or8ll"                                                     j
  •    for any new b<lilding on the ",I."",nlland. thel"""lioo
  •    the location of"f"l proposed retairing walls 00 the relevant tand and their
       helghl
  •    the 10C&tlon of any proposed landscaping on the rel!,vant land          .
  •    tne location 01 any storTllWater detention on lhe 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.

i W'tlen   the application    involves new ope~donal work

 Plans showing tne nalure. '''''''lion. number of new on-site car parkiflg bays,         ,l2rcOfIfirmed
 proposed are. or new landscaping, proPOSed type 01 new vehicle cross-over
 (non-nlSidernla! uses), proposoo maxlmum new vehlwl.ar SllfVi:ing
                                                                                          o   Not appIlcatle

 arrangemem (norl-resldentlal uses) of the proposed new operational ...,It.


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                               pro"posed of 3.6m x 2.4m to approx.
705m x S.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 todes

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 fioor area;
  likelYto be oenerated bv the 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 s<¥.ightfor the Driveways and Carparlting Code are the following-

 (l)   Sale and reasonable (lccess to and from vehicle accommodation and standing areas witl1in a
       property (lnd from the public rO(ld is provided;

 b)    The s(llety 01 pedestrians and cyclists is protected;

 d)    Carparking spaces and the (lssociated manoeuvring areas provided are designed to be safe
       (lnd functional and meet the reasonable requirements 01 the particular land use;

 e)    Adequate provision is made for the standing, parking, loading and unloading, access and
       mano.euvringof 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
    0;     Sufficient carparking is provided to
    accommodate the number and type of vehicles likely
    to be genernted by the development having regard
    to the specifics of the use including-
    a)    the type and intensit'f 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'1   the availabilitv of alternative camarkino,
    08      The layout of the development provides
    adequate, clearly defined and easily accessible-
    a)    on-site vehicle parlling and manoeuvring
          areas; and
    b)    loading and manoeu',Ting areas for delivery
          and service vehicles




   09 Parking areas are located where they will not
   unduly conflict with pedestrians and will not
   dominate th e sireetscaoe,
   010 Pro','ision is made for aieasonable number of
   on site carparking spaces identified and reserved for
   people with disabili 'es,

   011 Access and egress points do not impact on the
   safety and operntions 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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