MCU14/0087 Notice of Submission - Samantha Smith

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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 businessMrould 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""eral explanation of th ••
  propooed use
                                     Planning scherne
                                     definition ~nclude eadl
                                     dElfinftion in a new tow)
                                                                  No. of dwelling unilS
                                                                  (~applicable) or
                                                                  Oro"" Roor atell (If
                                                                                          Days ana
                                                                                          hou~of
                                                                                          operation
                                                                                                            No. of
                                                                                                            employees
                                                                                                            (If apphcable)
                                     (non-moodatOl)')             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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  ~.     Confirm that the /ollowing          mandatory   supporting   In/ormation   accompanies      this appllca 'on

  Mandalory supporting         information                                                COnflrmallon       of     Method of
                                                                                          lodgement                 lodgement

  All applications
  A site plan d,swn to an aPfXDjlriate scale (1:100. 1:200 or 1:500 are                      [;}<:onfinned
  recommended SQiIes) which shows the r_ng:

  • 1M   location and s~e area of !he land to which the epplication relates
    (relevant land)
  •    the north poinl
  •    the boundaries of 1Ilf>, levanlland
  •    any ",ad fron age. 0/ the relevant land, Including lIle name 0/ the road
       tile 10000Uonand    = 01any exislmg or proposed WldlrK!s or swetures
  •    on me relevant land (note: whtlre extenslVe demoilUon or Il<lWbu' 'ng •
       • ,e proposed, two s<>parateplans (an exlsUng site pl.n and PIQP05"'I site
       plan] may be appropriate)
  •    any e>Ostingor proposed GaSllments on lIle rel""anlland and their
       function
  •    the locelion and use 01 buildings on land adjoining Ihe •.•!ev.nll.rId
  •    ali vehlde """"OS points and any .xSing 0' proposed ea, paildng area'
       on the relevant land, car parlOng spares /0' pe,sons with disabll~ies .nd
        anr service vehide access and pat1dng sho<Ild be clearly ma~
  •    for any new building on Ihe",I"""nt   land. lIle locatlon 01refuse 510'_
  •
  •
       Ihe location of aM proposed 'etairing walls 00 the •.••ev.nt land .nd mel,
        height          '
       thelOOllUon of any proposed landscaping on tho rel.vant Ianil           .
                                                                                                                                    I
                                                                                                                                    I
                                                                                                                                    I
                                                                                                                                    I
  •    the location of any stormwater detention 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       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.

 W~      the application   involves new operational         work

 Plans showO"lgtne "atuno,IOGlllIon. number of new on-sit. ell' parking bays.            ,0" eoonnnoo
 proposed area of new landscaping, propo""" type 01 new vehicle cross-over
 (nOlHllGidOfll"" USOS), proposed maxlmum new vehlwla, $OIVldng
                                                                                          o     Not applicable

 arrangement (noo-resldentlal uses) or the proPOSed new operational ..,11>.


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 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 Codes

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 provided at a
  accommodate the number and type of vehicles            rate of 1 space per 20m' of gross floor area;
  Iikelv to be aenerated bv me 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 overall outcomes sQoght for the Driveways and Carpar1ling Code are thefolio'hing-

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

 b)   The sarety 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, parliing, loading and unloading, access and
      manoeuvring of service vehicles within the de'yelopmenl 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 potentjal 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
    07     Sufficient carparking is 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 and intensity of land use;
    b)    any existing parking avl)flable 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)    the availabilitv of alternative camarkinn.
    08      The layout of the development provides
    adequate, c1eany defined and easily accessible-
    a)    on-site vehicle parking and manoeuvring
          areas; and
    b) loading and manoeu,'ring areas for delivery
          and service veh icles




   09 Parking areas are located where they will not
   unduly conflict with pedestrians an~ will not
   dominate the slreetscaoe.
   010 Provision is made tor a ;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, 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.
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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 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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