MCU14/0087 Notice of Submission - Adrian Krause

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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 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 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 "'the            Planning .mema              No. of dwelling unilS   Days and         No. 0/
  PfOposed use                         definrtion ~nclude eacl1    Qf applicable) or       hours of         employees
                                       chlfinrtion in a new tow)   gro •• nO<lt area (if   operation        Cd app~cableJ
                                       (non-mandalCll)')           applicable)             Qf applicable)

ita
r                ••
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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.     ConIlrm Ihatlhe following mandatory supporting information aceompanles                      thl.    pplicatlon

  Mandatory supporting       information                                                      connan.lIon     of     Method of
                                                                                              lodgement              lodgement
  All applications
  A site plan drawn to a., aPlXOpriate scale (1:100.1:200 or 1:500 are                        gconRnned
  recommended scales) wllicll shC'WS the r_ng:
  • tile 10C8ll0nand s~e atea althe land to wllicll the application Illlales
      (reI<''''''''' land)
  • the nooh point
  • the boul>daries 01the relevant land
  • any road frontage. of the Illleval>tland, Including the name of the road
  • \l1elocation        and use 01any exlsllJlll or proposed buildiJllls or stru<:tures
      on lIle relevant WOO(note: wllere extensive demolition or new bulding.
      are proposed. two separate plans (an oxIslIJlIlslle plan and PlQPOSOOsite
      p1anJmay he appropriate)
  • any existing or proposed casements on the rolevanlland and lIleir
      funetlon
  •   the   locelion and use 01 buildings on land .djoinlng the relev'llllaoo
  • on all vehicle aoce55 points and any existing or proposed ear parl<ing "",a •
           th. relevant land, Car parking spa""" for petso", with disablillie. aoo
      an, ",<vice vehicle access and parklJlll 5llould be cI.arl, mal1led                                                          I
  • for any new building on the ",l"""ntland. thelocalioR 01 refuse $lorage
  • thelocallon of 8f"I proposed relairing walls (lOthe relevant land and their                                                    I
       height              '
                                                                              .                                                    I
  • the 1"""lIon of any proposed landscaping on the rel.vanllanli
  •    the '()C3tion 01 any stolTllW,iUer detenl10n 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 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.

 W'hII!nthe application involves new operational work
 Plans snowklg 1/Ie nature,localion. number of new on-sit. car parl<lng bays,             .0"COnfirmed
 proposea a",a of new landscaping, propa.oo type 01now vellicle cross-over
 (noo-residentl3l useS), proposed maximum new v.hl""l.r •••••••lcing
                                                                                              o NOlappllca~e
 arrangement (lIcKHesidemlal uses) of the proposed new operational wolt,


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 3.5m 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 504m (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 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 ficor area;
  Iikelv to be Qenemted 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 s~ght for the Driveways and Carparking Code are the foflowing-

 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 safer! of pedestrians and cyclists is protected;

 d)    Carparking spaces and the associated manoeuvring areas provided are designed to be safe
       and functional and meet tile reasonable requirements of the particular land use;

 e)   Adequate provision is made for the standing, parting, loading and unloading, access 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 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 lafld use;
         b)    aflyexisting parking av;;iilable Ofl the site;
         c)    hours of operation;
         d)    likely numb-ers of users;
         e)    the peak parking demand periods of uses on
               the site; and
         f)    the avanabilitv of alternative caroarkino.
         08      The layout of the development provides
         adeqmlte, clearly defined afld easily accessible-
         a)    on-site vehicle parkiflg and manoeuvring
               areas; afld
         b)    loading and mafloeuvring areas for delivery
               afld service vehicles




        09 Parlling areas are located where they will not
        unduly conflict with pedestrialls an!! will not
        dominate the streetscane.
        010 Provision is made for a jeasollable flumber of
        on site carparkiflg spaces identified and reserved for
        people with disabilities.

        011 Access and egress poilltS 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 additionaf       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.