MCU14/0087 Notice of Submission - Jeff Rowland

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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.

     r:::,   Gen ••.• l explanation <JIthe      Planning scIleme            No. of dwelling urllts    Days and          No. 01
             pl'Gposed use                      definition ~nclude each     (if applicable) or        hOOfS of          employees
                                                definition itl a new row)   gross floor area (if      operation         Cnapplicable)
                                                (non.marnlatO/)')           applicable)               (if applicable)

             .t!to~



     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     Ihatlhe    following     mandatory   supporting   lnformation    accompanies   this


  Mantla10ry   supporting       Information                                                 Conn"""tiOll     of     "'ethod of
                                                                                            lodgement               lod9&ment

  All applications                                                .
  A oile plan drawn to an approprlale scale (1:100,1:200          ort:500   are             Q-connrmod
  recommended      ocales) \\ll1ich shows the folowing:

  • the  I"""lion and s~e area of the land to ""ich Iha application relales
    (,"""vant JiMId)
  •    the nonh polnl
  •    the bound.ries of the relevanll.nd

  • the h>caUon and use of any existing or proposed
       any road frontages or the relwanlland,
                                            Ineluding ihe name of Ihe mad
  •                                                  buildings or SWCtures
       on the relevant land (note: wIlere extensive demollUon or new buidir>;ls
       ara proposed.1WO SCJl'lf'Ite plans [an existing s~e plan and ~            oil.
       plan) may be appropriate)
  •    any e,;s:;ng or proposed easemenls on the relevanlland and lIleir
       [unction
  •    the localion and use 01 buildings on land adjoining the relevanllend
  •    all vehicle &<CeSSpoints and any e,isling or proposod car parlting area>
       on the relevant land. Car parldng spaces lor persons wilh disabil~ies and
       .ny service vehicle access and ".odog sho<lld be cleaoy mar1<b<l
  •
  •
       for all\' new building on the relevant land. theloea1ioo 01 refuse >lorage
       the l"""lion of "T'Y proposed releiring warls 00 the relevant land and their
       height            '
                                                                                                                                  II
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  •
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       lhe location of >flY proposed landscaping on tho rel~vanllan<l
       thellX:atlon 01 any stormwalerdetentiQn on Ute relev8llt liU'ld .                                                          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.

i When the application         involves new opcrntiolltll work

 PI.ns showing the nalure. location, number of new on-Sila car parltiog bays,              .I2TConfirmed
 proposed area of new landscaping. proposed type c/ new v""lele cross-over
 (nQl1-reSidetrtlal uses), proposed maximum new vehlaJiar liefVlcing
                                                                                            o   Not applicable

 arrangement (nolHosklemlal       uses) of the proposed now 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                                  pro'posed 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 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<ingis 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 oenerated bv the uses on the 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 sQught for the Dri,'eways and Carparning 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 paJ1icularland use;

         e)   Adequate provision is made for the standing, par1<ing,loading and unloading, access and
              manoeuvring of ser{ice 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 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
         f\    the availabilitv of alternativ.e camarkino.
         08      The layout of the development provides
         adequt.lte. clearly defined and easily accessible-
         a) on-site vehicle parking and mano.euvring
               areas; and
         b)    loading and manoeuvring areas for delivery
               and service vehicles




        09 ParkiAg areas are located where they will not
        unduly conflict with pedestrians and will not
        dominate th e streetscaoe.
        010 Provision is made for ajeasoAable number of
        on site carparlting spaces identified aAd reserved for
        people with disabilities.

        011 Access and egress poiAts 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,


    •   Pooriy 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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