MCU14/0087 - Notice of Submission - James Malcolm

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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
         materiai 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.

             General expianation althe        Planning :sch!rn8          No. 01dwellillg units   Days and        No. of
             pmposM use                       definition (include ead!   (if applicable) or      hours of        employees
         I                                    defin~ion in a new lOw)
                                              (non.mandaIOl)')
                                                                         gross floor area (if
                                                                         applicable)
                                                                                                 operation
                                                                                                 Glappllcable)
                                                                                                                 rnapphcable)




         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 that lhe follo-.'ing mandatoI)' supporting      information accompanies     this application

  MandlllOI)' supporting    informlllion                                              Conlltmadoo     ot     Method of
                                                                                      lodgement              lodgement
  All applications
  Aoile plan drawn 10 an appropriale """Ie (1:100, 1:200 or 1:500 are                 [;}c<.nftnned
  recommend.d scales) which ohO'Ws the fOlOwing:
  • Ihe    location and sne area of lbe lund to which the appli""""" rell11es
      (relevant lanrJ)
  • tMnMhpolnl
  • the    bouooaries of the relevant land
  • any road frontages or the relevant land, including Ille name ofthe road
  • lhe location and use ol any existing or proposad buildings or swetures
      on Ille relevant land (note: where exterr.;lve demoliUon Of new buildings
      are proposed. """ separale pions [an existing oile plan and Jll1lllOS<ld site
      p1anJmay be approfWiate)
  • any existing C>r proposec casemonls on ma relevanlland and lheir
      luOCUon
  •   the  locelion and use 0' buildings on land adjoining lhe relevanlland
  • all vehicle access points and any existing or proposed car parldng areas
      on the relevant land. Car parking spaces tor persons with disabllities and
      any sorvlce vehicle a.xes. and parking should be clearly ma!t<ed
  •   lor any new building on lho relavant land. Illelocatloo at refuse slorago                                              I
  • the    locallon of any proposed retairing wallS 00 the relevant land and th.lr
      height            .
                                                                          .
                                                                                                                             I
  • the 'ocatlon of any proposed landscaping on tho rel!vant land
  •    the location 01 any stormwater delentiQn 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.

 When the application      involves new operational      work

 Plans showing tne ""ture, location. number of""" o•••••t. car paridlig bays,         .ITConfinned
 p""",sea area 01 new landscaping, proposed type 01new vehicle cross-over
 (no<Hesidootlal usas), proposec maximum new vehlwlar se<Viting
                                                                                      o No( app!1ca1R
 all'angement (non-resldentJal uses) oft1le 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 materiai 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 5.4m (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 carpar1dngis available to                59.'/ Off slreet carparking is provided at a
       acccmmodate the number and type of vehicles            rate of 1 space per 20m' of gross floor area;
       Iikelv to be Qeneratedbv the uses on the site

     The applicant within the supporting      material 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 lhe Drivewa)'s and Carparking 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 safetyofpedeslrians    and cyclists is protected;

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

      e)   Adequate provision is made for the standing, parking, 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 does not adversely impact on
  safely, capacily 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 reqyire 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~ilabJe on the site;
         c}    hours of operation;
         d)    likely numbers of users;
         e)    the peak parking demand periods of uses on
               the site; and
         fl    the ava~abilitv of alternative camarkino.
         08      The layout of the development provides
         adequate, clearly defined and easily accessible-
         a)    on-site vehicle parl<ing and manoeuvring
               areas; and
         b)    loading and manoeuvring areas for delivery
               and service vehicles




        09     Parking areas are located where they wi!1 not
        unduly conflict with pedestrians and will not
        dominate the streetscaoe.
        010 Provision is made for aj"easonable number of
        on site carparking spaces identified and reser .••.
                                                         ed for
        people with d isabil ities.

        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         S07, S08, SOlO 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.