MCU14/0087 Notice of Submission - Peter Wallace

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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 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 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 G~neral explanation of the
  PfI>posed use
                                  PlannIng :schema
                                  definrtion ~nclude each
                                  Mfinition in a ntlW row)
                                                             No. of _ling
                                                             (if applicable) or
                                                                               unilS

                                                             gross floor area (if
                                                                                       Days and
                                                                                       hours at
                                                                                       operation
                                                                                                         No. of
                                                                                                         employees
                                                                                                         (if appkcable)
I                                 (non-mlllldalCll)')        applicabie)               (if app/lcable)




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    thatlhe    following     mandatory   supporting    Information    accoinp.nles   this appllca     on


  Mandatory     sUPlXlrting    information                                                   Confirmation     of     Method of
                                                                                             lodgement               lodgement

  Allappllcatioos

  A oile plan drawn to an ap;ropriale """Ie (1:100.1:200           or 1:500 are              ~nftrmed
  recommended      scales) wtUch >hows the fOllOwing:

  • the  locallon and sile area of Ibe land to wI1ich the applicalion malas
    (relevant land)
  • the noOh point
  • the boundalies of tlla retevanlland
  • any road frontages of the movant land, Including the name olthe road
  •    Ihelocallon and uoe of any existing or proposed buikliOgS or struelures
       on the relevant land (nOll!: where extenslve demollUon Of new buldings
        ere proposed, IWO separate plans lao existing site plan and propo.sed Site
       plan) may be appropriale)
                                                                                                                                   I
  •    any eldsting or PtOposed e."aments on the relevanlland and their
        lw\ttlon                                                                                                                   I
  • all vehicle access points and arty existing or proposed car parl<ing oreas
       tl1e localion end use 01 buildings on land adjoining the relevant land

  •
       en the relevant land. Car parking spaces for perS003 with dlsabil~ies 8nd
       any soNice vehicle acress and parking sIlould be <Ieany mar1<e<l
  •    for any new building on the relevant land, thelocatlon 01 ref •••• swrall"                                                  I
  •    the location of 8flY PtOposed retairing walls on the movant land and their                                                  I
       height           '                                                                                                          I,
  •    the location of any proposed landscaping on the rel~ant land               .                                                I
  •    the location 01 any stormwaler detention on 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.

I When the application        invol\'os new operational     work

 Plans showWlg the nalure. looaUon. ""mbar of new on.sile Cllr parking bays,                . 0COflfinned
 proposed area of new landscaping. proposed type 01 new vehicle cross-over
 (nC<HeSideoti.1 uses), proposed maximum new venlwlar ..."icing
                                                                                             o   Not applicable

 arrangement (norHesklenual    use.) of the proposed new operational work.



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 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 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 floor area;
  likelv to be nenerated 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 sQught for the Driveways and Carparking Code are the follo',,;ng-

 a)   Sale 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)   Cllrparking spaces and the associated manOf:uvring areas provided are designed to be safe
      and functional and meet tile reasonable requirements of tile particular land use;

 e)   Adequate provision is made for the standing, parking, loading and unloading, access and
      manOf:uvring of service vehicles within the de'•.elopment 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
    Oi Sufficient carparking is provided to
    accommodate the number and twe of vehicles likely
    to be generated by the developm ent having regard
    to the specifies of the use ineluding-
    a)    the type and intensity of land use;
    b)    any existing parking av;;iilable 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 ava~abili1v of alternative camarkinn.
    08      The layout of the development provides
    adequate, clearly defined and easily accessible-
    a)    on-site vehicle parking and m ano-euvring
          areas; and
    b)    loading and manoeuvring areas for deli','ery
          and service vehicles




   09 Parking areas are located where they will not
   unduly conflict with pedestrians an!! will not
   dominate the streetscaoe.
   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.

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.