MCU14/0087 Notice of Submission - Lois Leslie

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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 G""eral explanation althe         Planning scheme             No. 04 dwelling unils   Days an<!         No. 01
     I ptopo6<ld "se                     definition (include eadl
                                         definition i'l • new tow)
                                                                     (il applicable) Of
                                                                     gro •• floor area <If
                                                                                             hoors 01
                                                                                             operation
                                                                                                               employees
                                                                                                               (of aPllllcable)
                                         (noo.mand.tOlY)             ,wllcable)              (il 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.     Conllnn   that the 10U"",ing      ma!l<!atory   supporting      information    ~ceornpanles     this applieatlon


  Mandatory    supporting    intonnation                                                         COnnnnation      of     Method of
                                                                                                 lodgement               lodgement

  AUapplitations

  A site plan drawn 10 an appt>pliate scale (1:100.1:200             or 1:500 are                [;}confinned
  recommended      salles) which showo the rOlOwing:

  • Ihe locaUon and site .rea of !he Ian<! 10which the epplicalioo relates
    (reIe- land)
  •    llUI nonh poin!

  • Ihe boundanes or the relevanlland
    any road fronlages 01 the relevant land, including the name 0' the mad
  •
  •    Ihelocotlon and use of any existing or p~          ~uOldlng. or strIJelu ••••
       on the relevant land (n01e: wner. extem;jye demollUon or new I>JlIdlngs
       are proposM. t.vo separate plans Ian .".;stIng site plan and Pf'lIlO5O<l sile
       plsn) may bl> appropliale)
  •    3ny existing or proposed easements on the mev.nlland
       f~on
                                                                   and their


  •    the lacetion and use 01 ~uildlngs on land adjoining the relevant land
                                        ""y
  •    all vehicle aocess points and      existing or proposed car pal1<ing ••.• as
       on the relovantland.   Car parking spaces lor persons with disabilities and
       any •• rvice vehicle a<:<ess and parklllQ should be clearly mart<b:l
  • to<any new l>Jildlng on the ",levant land, tho Joea1loo ot "'fuse storage                                                          !
  • tne location ot any proposed ret.iring wall. on lIle relevanlland and ttlelr
       height           '
                                                                                    .
                                                                                                                                       I
  •    tne locetlon of any proposed landscaping on ttl. rel~vanl land
  •    th8 tocatlon 01 any 5tOrmwaler d tentJon on the relevant latlc:l .                                                              j

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 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.

 When the application       involvos new operational        \'Iork

 Plans snowing Ine nalure. locallon. number of new on-silo eer p3r1d"IJ ~8y$,                 .0confirmed
 proposed area of new landscaping, proposed type at new vehlcl. cross-over
 (n~Sidential    uses). proposed maximum new vehicular ••••••ang
                                                                                               o     Not appllca~e

 a"angoman!   (non-resldenllal uses) of tne proposed new operational wort..



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 oq:urred.

    One plan labelled Sheet 1of 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 Oft street carparking is prollided at a
      accommodate the number and type of vehicles            rate of 1 space per 20m' of gross floor area;
      likel" to be nenerated 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 sQught for the Dri\'eways and Carparlling Code are the follO'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 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, parting, 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 network, the proposed driveway,
  cycleways or pedestrian pathway systems.


Allowing an additional    use to occur on site that may reqyire 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 av~i1able 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 availability of alternative carparkinQ.
        08      The layout of the development provides
        adequate. clearly defined and easily accessible-
        a)    on-site vehicle part.:ing and manoeuvring
              areas; and
        b)    loading and manoeuvring areas for delivery
              and service vehicles




       09 Parking areas are located where they will not
       unduly conflict with pedestrians and will not
       dominate the streetscape.
       010 Provision is made for aj"easonable number of
       on site carpart.:ing spaces identified and resef'o'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. 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.