MCU14/0087 Notice of Submission - Elaine Byrne

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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 businessMlOuld 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.

       General explanation 01 the      Planning scheme            No. of dwelling units   Daysano               No. 01
       po'oposed use                   defin~lon ~nclude elld1    Qf applicable) or       hours of              employees
                                       Mfinitlon ill a now row)   gross nc>orarea (if     operation             (If appticable)
                                       (non-mandatOl)')           applicable)             (if appficable)

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      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 th.t the lotlowing mandatory          supporting'informatlon       Accompanies      this    pplfCAtion

  Mandatory supporting         Information                                                   COnnon.don       01     Method of
                                                                                             lodgement               todgement

  All applications
  A site pLm d' ••.••
                   m 10 an appropriate scale (1:100,1:200      or 1:500 are                  ~nftrmed
  recommended """Ies) which shO'Wstne f_ng:
  • (relevant
    the location and site area of the land to Which lhe application relatas
               Ian<f)
  •    the north polnl
  •    the boundaries of the ,elevant land
  •    any road front"ijes olthe nlievant land, Includinglhe name oflhe IlJ8d
  •    Ihe JOCllllon and uoe 01any existing 0' proposed buildings or structures
       on the relevant land (nota: where exterr.;lve demolition Of new buildings
       are proposed.lWC separate pl""s [an existing site plan and Plopo$8d sita
       plan) may be awropriatc)
  •    .ny c>dStlng Of ,,",posed easements on the .oievanll8lld and tlleir
       lunCtion
  •    tile location .nd use 01 buildings on lana adjoining the relev.rolland
  •    an vehicle access points and any existing 0' ,,",posed ca, part<ing "",as
       on the relevanlland. Car perldng spaces lor persons wilh disabllilies and
       any selVi"" vellicle aa:ess and parl<ing should be clearty marlled
                                                                                                                                     i
  •    I", any new building on Ihe relevanllona.lIlel<l<:atloo   of refuse 010'"11"
                                                                                                                                     I
  •    tile location of a,ny proposed telalring walls 00 the relevant land and thel,
        height           .                                                                                                           I
                                                                                .                                                    I

  •
  •
       the locallon of any proposed landscaping on the rel~vanl tand
       the location 01 any stormwater detentioll on the 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.

 lYtlen the application    involves    new operational work
 Plans snowk'ig the nalure. Jo<:;atiQn.number of new on.site car parkiog bays,           .12rconfirmed
 proposed .rea of new landscaping, ,,",posed type Of new vehicle cmss-over
 (non-reslde<rtlal uses), proposed m!lXlmWll new vobl""I., SOlVang
                                                                                             o   Nol applicable

 arrangement (noo-resldenllal uses) of the proposed new operational worl<.


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 2Am to approx.
7.5m x SAm           (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

  eM 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 .\ space per 20m' of gross ftoor area;
  likel" to be Qeneratedb" 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 sclught for the Driveways and Carparking Code are the follo'l>'ing-

 a)   Safe and reasonable access to and from vehicle accommodation and standing areas within a
      property llnd from the public rOlld is provided;

 b)   The safety of pedestrians and cyclists is protected;

 d)    Carparking spllces and the llssociated manoeuvring arellS provided are designed to be safe
       llnd functional and meet the reasonable requirements of the particular Illnd use;

 e)   Adequllte provision is made for the sronding, par1iing,loading llnd unlollding, llccess and
      manoeuvring of selVice 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 carpar1dng 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 avai!abili1v of alternative camarkino.
    08      The layout of the development provides
    adequate, clear1y defined and easily accessible-
    a) on-site vehicle pa r1<ingand manoeuvring
          areas; and
    b)    loading and manoeuvring areas for delivery
          and service vehicles




   09 Parking areas are located where they will not
   unduly conflict with pedestrians and w'ill not
   dominate lhe streetscaoe.
   010 Provision is made for aj:easonable number of
   on site carpar1<ingspaces 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.