MCU14/0087 Notice of Submission - Daniel Brownlee

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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 businessA-vould 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 explanalion ot the        Planning ocherne            No. 01dwelling unils      Oaysan<!          No. of
                proposed use                     <lefinitloo ~ncJude ead!    {if applicable} or        hours of          employees
                                                 c1efin~l,," in a new row)   (lroSS fll>c>rarea ~r     operation         Crt appllca~leJ
                                                 (non.mandalory)             awllcable)                (If applicable)




              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.     Conflnn Ihalthe       lollowing mandatory supporting         inlonnalion   occo""",nles   Ihls pplicotion

  Mandll10ry supporting        infoonation                                                 Connonadon     01    Method 01
                                                                                           lodgement            lodgement
  All applications                                                .
  A site I'iOndrawn to "" appropriale .""Ie (1:100.1:200 or 1:500 ere                      ge.,nnnned
  recommen<led =1 •• ) which sJwws the follOwing:
  • 1M locallon and sne area of the land to Which lhe applicatioo ""ales
       (re!evBf7t land)
  • the nonh point
  • the botmdaria$ of lIle relevant land
  • Bny !Qad f!Qnlege. ollha reievaalland, inohlding the name ollhe road
  •    1M location and use 01any existing or proposed wldings or ~ures
       on the relevBnt lsnd (nOle: Where extensive demollUon Of new building.
       arB proposed. two sl!jl<llllte plans Ian existing slle plan and IlfOllOS$dSlte
       p1anJmay be appropriato)
  •    any e,.stlng OfP!Qposnd earoments on lIle relevant land and \lIeir
       function
  •    the location and •••••01 buildings on land adjoining the relevBnt IBnd
  •    all vehicle """"ss points and any exi1itingor proposed car parl<Jng"",as
       on the rel""aalland. Car parking spa= lor pe<sons wilh disabilities end
       any •• rvice vehicle acress and parking 5hould be cleany ma_
  •    fo<any new building on IIIe relavant land. lIle IoC'ltloft01refuse storage
  •    lhe loca,lon of 8flY proposed retailing walls <KlIne roI""anlland and their
       heighl
                                                                               .
                                                                                                                              I
       tM l",,"lIon of any propo.ed Iancsoap;ng on the rel~vantlan<i
  •
  •    tl'le location of any slormwater detention on the relevant land .
                                                                                                                              I
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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 W'hen the application     involves new operational       work

 Plans ShOwing lIle nalure.localion. number of new on-site car parking bays,              .0Confirmed
 proposed ar.a 01 new landscaping. proposed type at new vehicle cross-over
 (nocrreSideoulal uros), proposed maximum now vehlaJlar sefVldng
                                                                                           o  Nol applicable
 arrangament (nolHesldenllal uses) 01tne proposed new openatlonal ••••rt..


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 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.
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 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 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 fioor area;
  likelv to I;}eoenerated bv 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 the Driveways and Carparking Code are the follo'1>1ng-

 ai   Safe and reasonable access to and from vehicle accommodation and standing areas lVithin a
      property and from the public road is provided;

 b)   The safety of pedestrians and cyclists is protected;

 d)   Carparking spaces and the associated manoeuvring areas provided are designed to Ire safe
      and functional and meet the reasonable requirements of the particular land U!le;

 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 nol adversely impact on
  safely, 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 reqlJire 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 type of vehicles likely
             to be genernted by the development having regard
             to the specifics of the use including-
             aj    the type and intensit'f of land use;
             b)    any existing parking av~ilable on the site;
             c)    hours of operation;
             dj    likely numbers of users;
             e)    the peak parking demand periods of uses on
                   the site; and
             f)    the availability of alternative caroarkinQ.
             08      The layout of the development provides
             adequate, clearly defined and easily accessible-
             a)    on-site vehicle pal1.:ing and manoeuvring
                   areas; and
             b)    loading and manoeuvring areas for delivery
                   and service vehicles




            09 Parking areas are located ',mere they will not
            unduly conflict with pedestrians and will not
            dominate the streetscape,
            010 Provision is made for ajeasonable number of
            on site carparking spaces identified and reserved for
            people with disabili 'es,

            011 Access and egress points do not impact on the
            safety and operntions 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 .

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