MCU14/0087 Notice of Submission - Paul Dwyer

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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 detail9 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 General   explanation <Jl th@      Planning schema             No. at dwelling unils   Days ana          No. of
I pmpooed use                        definition ~ncJude ellGh
                                     d<!finition in a new row)
                                                                 (if applicable) or      hours of
                                                                                         Operation
                                                                                                           emplGYEes
                                                                 amS! floor area (d                        (d appkcallle)
,                                    (nooofllandatory)           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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  4.     Confirm that the following       mandatory   supporting   l"fonnaUon   accoinpanies   this application

  Mandatory supporting      information                                                Cqnfinnadon    of     Method of
                                                                                       lodgeme"t             lodgeme"l

  All applications
  A site !Un drawn to an appmprlale "",Ie (1:100.1:2000' 1:500 are                     g.c.,nftnned
  recommended •••••Ies) which show> the fOllOwing:

  • the location and sne alea of \he land to which the applicaliCfl relates
    (reiev8llt land)
  •    the nonh point
  •    the boundaries of tho ,elevanlland
  •    any ro"" frontage. of the relevant "'nd, Including the name of the road
  •    tn.I"""lIon  and use 01 any existing 0' proposed buildings or swetUrtl$
       on the relevant land (nole: whe,e extensive demolition or ""'" buildings
       a,e proposed. MoO S<>f)Qrateplans [an existlng Slle plan and PfOllO$ed Site
       plan) may be approprlate)
  •    any e>Ostingor proposed casements on the relevanaland and their                                                       I
                                                                                                                             I
       IUl1etlon
  •    the location and usa 01 buildinG' on land adjoJnlng Ihe relevanlland
  •    all vehicle access points and any existing or proposed car paJl<ing are.'
       on the relevanlland. Ca, parking spaces lor perMns with disabilities and
       any s.rvi"" vehiole a<CeSsand parking should be cleany mar1<ed
  •    for any new building on Ihe I"9lsvant land, the Ioca'tloo 01 refuse storage
  •    the location of MY proposed retairing walls 00 tile relevanlland and ll1e1r
        height          •
       the location of any proposed landScaping on the reI!vant land       .
                                                                                                                             I,
  •
  •    the location 01 any stormwaler detention on tbe 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      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.

 'When the application    involves new operational       work

 Plans showing 1M nature. location. number of new on-Sile (;Sr pan:lng bays,          .I2rConfirmed
 propo""a ~re. of new landscaping. proposoo type 01 new vehicle cross-over
 (nOtl-~slderttl.1 uses), proposed maximum new vehloolar satVidng
                                                                                       o   Not applicable

 arrangement (non-resklentlal uses) or the proposed new operetional "",n:.


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 So4m (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 occurred.

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 carpar1dngis 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 floor area;
  likelv to be Qeneratedbv 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 Carparlting Code are the follO'Aing-

 a)   Safe and reasonable access to and from vehicle accommoda1ion 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 reaoonable requirements of the particular land use;

 e)   Adequate provision is made for the stlnding, paf1(ing,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 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    Suffieient carparking is provided to
    aecommodate the number and type of vehicles likely
    to be generoted by the development having regard
    to the spedfies of the use including-
    a)    the type and intensit'f 01 land use;
    b)    any existing parking aV9ilabie on the site;
    c)    hours of operation;
    d)    likely numbers of users;
    e)    the peak parking demand periods of uses on
          the site; and
    I)    the avanabili of alternative Col     rkin.
    08      The layout of the development provides
    adequate, clearly defined and easily accessible-
    a)    on-site vehicle parking and manoeuvring
          areas; and
    b)    loading and manoeuvring areas lor delivery
          and service vehicles




   09 Part;ing areas are located where they will not
   unduly conflict with pedestrians and '.\lill not
   dominate the s1ree!sca e.
   010 Provision is made lor aj:easonable 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 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.