MCU14/0087 - Notice of Submission - Eileen Malcolm

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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 businessMtould 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 althe         Planning scheme            No. 01 dwelling units   Oays and          No. of
I proposed use                      defin~ion (include eacl1   (if applicable) or      hours of          employees
                                    definition ., a new row)   Gross floor area (if    oparallon         CdaPllficable)
1                                   (nOll-mandatory)           aPlllicable)            (rt applicable)

I '" .
r-"L'O~




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 Ihe followinglnsodalal)'     supporting informalion acconlp3nleSlhls

    l.AandalOI)' supporting    information                                                 Connrmadoo    01   ~lethod of
                                                                                           lodgement          lodgement
    All applications
    A oile,:lao drawn 10 an """",prlale scale (1:100,1:200 or 1:500 are                    ~nftnned
    reeommended scales) _          shOw.lhe fOllOwing:
    •    the location and s~e area althe land to wtlich the appliQIOan ""ate'
         (relevant land)
    •    1M noM poin!
    •    Ihe boundaries of Ille ,elevanlland
    •    any road frontages 01Ihe ""evant land, Induding lIle name 01the road
    •    the laeation and use 01 any existing or propose<! buildings or stru«ures
         on the relevant land (nofa: w1ltlre extenslve demoliUon or new b<Jlldings
         ara propas<d. twO wparate plans Ian existing site plan and proposoo Sile
         plan/ may be epproprlate)
    •    any existing or proposed easements on the relevant land and their                                                  •
         lunetlon
    •    the location and use 01 building. on land adjoining the relevant iaod
    •    all vehicle access points and any existing or proposed car par1dng are.s
         on the relevanlland. Car parldng spacos lor persons wilh disallililies and
         any servi"" vehicle .ccess aod parking sIlo<Jldbe clea~y mar1<ed
    •    for any new building on the relevant land. the- Jocalion 01 reflJSe $1orage
    •    Ihe localion of "fly proposed retairing walls 00 lhe ""ev.nt land and their
         height
    •    the lacallon of any proposed landscaping 00 the rel~v.nlland      .
    •    the location 01 any stonnwaler detention on lhe relevant land .
                                                                                                                            .I
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.

\ Wben the application        involves new operational     work

i Pl.ns showing 1M nalure.I,","llon •••• mber of new on-sile car p311<ingbays, .0'COOfirmed
I propoS<ld area of new landscaping, proposed Iype 01new vehicle cross-over
 (nQ<l-fl)sldeflllal uses), proposed maximum new vehi""l.r SOIViQng .
                                                                                           o Not appIlcatle
i alrangemonl (IlOII-rtlsklenU.1uses) of 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 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.
7.5m      x 5o4m (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

  Car Parking
  09 Sufficient carpar1<ingis available to                  59." Oft street carpar1<ingis provided at a
  accommodate the number and type of vehicles               rate of 1 space per 20m' of gross floor area;
  Iikelv to 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 sciught for the Driveways and CarpaJiting Code are the fo!lowing-

 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)    Carpar1<ingspaces 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, cap a city 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 ttle number and type of vehicles likely
    to be generated by the development having regard
    to the specifics of the use including-
    al    the t'jPe and intensITY01 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
    f1    the ava~abilitv of alternative camarkino.
    08      The layout of ttle development provides
    adequate. clearly defined and easily accessible-
    a)    on-site vehicle p:uking and manoeuvring
          areas; and
    b)    loading and manoeuvring areas for delivery
          and service vehicles




    09 Parking areas are located where they wi!! not
    unduly conflict with pedestrians and will not
    dominate the streelscaoe.
    010 Provision is made for ajeasonable number of
    on site carparking spaces identified and reser-'ed for
    people with disabilities.

   011 Access and egress p<)ints 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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