MCU14/0087 Notice of Submission - Leanne Morris

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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 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.



I~use
I General explanation of the      Planning schome
                                  definrtiOll ~nclud. eac:ll
                                  dIlfiniliOll in a new row)
                                  (nOll.mandaIOl)')
                                                               No. 01 dwelling unils
                                                               (rt applicable) or
                                                               gmss floor area (if
                                                               applicable)
                                                                                       Days and
                                                                                       hour:; of
                                                                                       operation
                                                                                       (if applicable)
                                                                                                         NO. of
                                                                                                         employees
                                                                                                         (If app1lcable)




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 the loIlowing mandatory supporting              loIorm.tlon accompanies   Ihls appliutiOn

  Mandatory supporting          information                                              Confirmadon    01    Method of
                                                                                         lodgement            lodgement
  Al/appllcaUons                                                   .
  A sit. plan d.awn to on appropri.te seal. (1:100. 1:200 or 1:500 are                   ~nftrmed
  recommended scsies) which shows the f_no:
  • the location .nd s~•• rea allhe land to which the epplication relates
       (reIe\llJnl1anr:1)
  • tho nonh point
  • Ihe boundaries of lila .elevanlland
  • any road frontag.' 01the relev.nt land, Including Ihe name of the mad
  • tho 1<>Ci!llonand uoe 01any existing or proposed lluilding$ or strueturos
       on tIla relevant Illnd (nOla: where extensive demolition or new wilding.
       are proposed. two sepaJllte plan. Ian existing site plan and p(l)po$OCISite
       plan) may he ap;lropriale)
  •    any e>!sting or proposed easements on Ihe rBl""anllan~ and their


                                                                                                                           I
       fUll(tlon
  •    the locetion and use 01 buildings on land Mjoining tile relevant "'nd
  •    all vehicle aocess points and any existing or proposed car parl<ing "",as                                           I
       on the relevant land. Car parking spaces 10' pe.""ns wllh disabilities and
       an, "rvice vehicle access and part<lng should be cleany mart<ed                                                     I
  •    for any new building on tM rol"""n! land.lIlalocatlofl 01 reI•••••010'•
  •
  •
       the location of "flY proposed ,eJairing watlS on the relevant land and mel,
       height           '
       the location of any proposed landscaping on the rel~v.ntland            .
                                                                                                                           I
                                                                                                                           I


  •    th8' location of any SlOrmwater detention on lbe 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 When the application        involves new operational      work

 Plans showing tile nalure, location, number of new on-Silo oar per1ting hays.           ~Confirmed
 propo""a are. of nOw landscaping, proposed Iype at new vehicle cross-over                  Not aPlJllcobie
 (non-residential uses), proposed maximum new vehl",,"', servicing
 arrangement ("",,"residential uses) 01the propOsed new operational WOll<.


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 carpar1<ingis available to                59.1 Oft street carparking is prov'idedat a
  accommodate the number and type of vehicles             rate of 1 space per 20m' of gross floor area;
  likelv to IJ.e(Jenemtedbv tile 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 Driyeways and Carparking Code are the foflo'h"ing-

 a)   Safe and reasonable access to and from vehicle accommodation and standing areas within a
      property (lnd from the public road is provided;

 bj   The safety of pedestrians 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)   Adequ(lte provision is m(lde for the standing, parking, loading and unloading, access and
      manoeuvring 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 networt, 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 ttle number and type of vehicles likely
    to be generated by the development having rtl9ard
    to the specifics of the use including-
    a)    the type and intensity of land use;
    b)    any existing parking avliilable 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 availabilitv of alternative carmlrkino.
    08      The layout of tI1e development provides
    adequate, clearly defined and easily accessible-
    a)    on-site vehicle parking and manoeuvring
          areas; and
    b)    loading and manoeuvring areas for delivery
          and service vehicles




   09 Parli:ing areas are located where they will not
   unduly conflict with pedestrians and will not
   dominate ttle 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 tI1e
   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.
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The application is,



    •   Poorly made application with inadequate pians 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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