MCU14/0087 - Notice of Submission - Matt Green

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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 businessMiould 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   General explanation r:J the
             proposed ose
                                              Planning scl>&rne
                                              definition
                                              definition
                                                           6nclwd •• oell
                                                           in • new mwj
                                                                             No. 01 dwelling unfls
                                                                             (if applicable)   or
                                                                             gross noor area (if
                                                                                                         Days aM
                                                                                                         hoors of
                                                                                                         operation
                                                                                                                           No. of
                                                                                                                           employees
                                                                                                                           (d apphcable)
         ,                                    (nOll-mandaIOl)'l              applicable)                 (it 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.     Conlilm IlIolllle lollowlng mandalory ,"pportirig       information "componieslhls         applli:alion

  Mandatory ,"pp<>rllng inlormation                                                       Confirmalion 01     Melhodol
                                                                                          lodgement           lodgement
  All appli<alions                                           .
  A site plan drawn 10 an appropriate scale (1:100,1:200 or 1:500 are                     ~nnrmed
  reeommended scaleslwhlth sh\l'W$lhe fOllO'Mng:
  • the    locallo. and ,ite alea of the land 10 wl1ichthe applicaliOtl rei eS
      (relevant 1anrJ)
  • tM north point
  • the    boundaries of Ihe relovantland
  • theany ",ad fronlages of the relevant land, Including tile name IlIlhe mad
           l<>collonand lJSO01 any existing or proposed buildingS or sttuelUres
  •
      on the releval1lland (nole: whare extensive demollUon Of new buildings
       are proposed, two s"P"t"te plans Ion exlsting sile plan and Pl')pOS«I Sita
       plan) may be appropriate)
  •    any e>dstinSi Of proposed casements on lhe releval1llanCl and lbeir
       funClio.
  •    the location end use 01 buildings on lana adjoining \he retev.nlland
  •    all vehicle access points and lillYexisting or proposed ear pal1dng "",a •
       on the relevanlland. Car parking spacos tor pe.sons with disabilities .nd
       any service vehicle aet".ess and pa~lnoshould be clear1y mar1>.ed
       fOfany new building on the rel_nlland,tIle      Ioeatioo 01 reflJSOSlO"'90                                           I
  •
  •    lhe location IIIany proposed rei. iring walls 00 the relevant land and their
       height           '
                                                                          .
                                                                                                                            I
                                                                                                                            I,
  •    the location 01 any proposed landscaping on the rel!vant land
  •    the location of any stormwaler delen'ion (In 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 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.

 WIlen the application    involves   new opens.tlonal work
 Plans snowing lIIe nature, Iocallon. number of new on-sOiaell' par1<ingbays,         .0Coofinned
 proposed area of new Iandscap;ng, proposed type 01new v.hlde cross-over
 (noo-reSide<l1lalllS8S), proposed maximum new vehl""l.r SOlVang
                                                                                          o
                                                                                          Not applicable
 arrangemom (non-residentlalllS8s) of the proposed new operational ...."rI<.


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 35m 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.
75m 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 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               59.1 Off street carparking is provided at a
  accommodate the number and type of vehicles            rate of 1 space per 20m' of gross ftoor area;
  likelv to be aenerated 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

 14.111.2 The overall outcomes sQught for the Driveways and Carparking Code are the follO'o\ing-

 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 function31and meet the reasonable requirements of the particul3r land use;

 e)   Adequate provision is made for the standing, p3rking, 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 reqlJire 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
    Oi 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~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 alternative camarkino.
    08      The layout of the developm oot provides
    adequate. clearly defined and easily accessible-
    a)    on-site vehicle parking and manoeuvring
          areas; and
    b)    loading and manoeuvring 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 sireetscaoe.
   010 Provision is made for aj"easonable number of
   on site carparking spaces identified and resef1o'edfor
   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

1do 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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