MCU14/0087 - Notice of Submission - Anthony Della

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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 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 Gen.ral .xplanation of the
  propooed use
                                    Planning schf:me
                                    definition (include eoro
                                    d<lfinrtion in a lltlvt row)
                                                                   NO. of dwelling units
                                                                   (if applicable) or
                                                                   cro •• floor area (if
                                                                                             Days and
                                                                                             hours of
                                                                                             operation
                                                                                                               NO. 0'
                                                                                                               empiDyfles
                                                                                                               Cdapphcable)
                                    (non.mandatOf)')               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.     Conllnn     Ihallhe    lollowing     mandatory   supporting   Informallon   accompanies     lhls    ppHcalion


  Mandalory    supporting       infonnalion                                                COnnrma~OlI        of     Method of
                                                                                           lodgement                 lodgemenl

  All applIcations

  A site plAn drawn to ••1 aJ'P'Oprlate scale (1:100, 1:200 or 1:500 are                    [;}<:<lnftnned
  recommended      """res) whicl1 show> tho f_ng:

  •    the location and stte •• ea of the land to which the application ""ales
       (relevant land)
  •    the nonn point
  •    the boundaries 01 \he relevllnt land
  •    any wad front"lles of the relevant Land, including the name ct the road
  •    the 100000Ionand use ol anv existing or proposed buildingS or SlIWIures
       on the relevant land (note: wtl<!re extenslv. demollUon or new bufldjngs
       are pwposed. two scpa"'te plans Ian existing site plan and p<OpOSedSit.
       plan) may b<>appropriate)
  •    any existing or pwposed ""sements on Ill. relavanlland and Illeir
       IW\cIIon
  •    tha location and use 01 bulll1ings on land adjoining the relevanlland
  •    all vehicle access points and any •• !sling Or proposed car pat1dng areas
       on the relevant land. COr pat1<ing spaces for ptfSOns with disabilities and
       any selVice vehicle a=ss      and parking should be cl •• ~y mar1<ed
  •    for any new building on the relevanlland,lhalocalloo      of ref ••••• ,;10"'98

  •    the location of 3['Y proposed retaining walis 00 the relevant land and their
       height
                                                                                 .                                                 1
  •    the I_tlon    of any proposed Illndsceping on the re1~vanlland
  •    ttl. location of any stormwater 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      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.

 When the application          involves new opcrntJonal work

 PI.ns showing me nalure. localion, number of new on-silo c:ar parklng bays,               .0eonfirmed
 proposed area of new landscaping, propo.ed type at new vehicle cross-""er
 (noo-resldentf,al uses), proposed maximum n•••• vehl",,"', sefVicing   .
                                                                                            o   Not applicable

 arrangemont (non-rasldenllalllSe5)  of the pwposed new operational work.



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 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.
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 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 carpar1<ing 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 floor area;
  likelv to be Qenerated by the uses on tile site


The applicant within the supporting         matefial 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 Drivewa).s and Carpar1ling Code are the foIlO'II;ng-

 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 funcbonal and meet the reasonable requirements of the particular land use;

 e)    Adequ:Jte provision is made for the standing, par1\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 dCHlS not adversely impact on
  safety, capa 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 Suffieient 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 ineluding-
    a)    the type and intensity of land use;
    b)    any existing parking av:;iilable on the site;
    cl    hours of operation;
    d)    likely numbers of users;
    e)    the peak parking demand periods of uses on
          the site; and
    f)    the avanabilitv of alternative earn.,qrkino.
    08      The layout of the development provides
    adequate, dearly defined and easily aecessible-
    al    on-site vehicle parking and manoeuvring
          areas; and
    bl    loading and manoeuvring areas for delivery
          and service vehicles




   09 Parting areas are located where they will not
   unduly conflict with pedestrians an!1 will not
   dominate the streetscane.
   010 Provision is made for aieasonable 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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