MCU14/0087 Notice of Submission - Bruce Marian

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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 businessMiould 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.

          G""e<al expianation Cillhe        Planning .cheme             No. C>f dwelling units      DaySano           NO.ot
      I proposed use                        definition ~nclude ellGl1
                                            definition in a r><lWlOW)
                                                                        (it applic.'lbIe) or
                                                                        gross floor area (if
                                                                                                    hours of          employees
                                                                                                    operation         (if apphcabla)
      ,                                     (non-mand.lory)             applicable)                 (it 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.     Contlnn   that the rollowing      mandatory   supporting   Infonn"tlon        accompanies      this application


  "'andatory   supporting    infonnation                                                     Connonadon         of     Method of
                                                                                             lodgement                 lodgement

  AllappilcaUon.

  A 5I\e pan drawn to an approptlale scale (1:100. 1:200 or 1:500 are                           [;J-eonflrmed
  recommended     scales) which shows the FOllOwing:

  • the  location and site area 01 Ute land to wIlich the ep~li""
    (relevant Ian<!)
                                                                            relale •


  •    lll& north point
  •    the boundaries 01 tile rOlevanl land
  •    any road lroalages of the relevant lend, Including the name 01 the mad

  • the location and"""
    on the relevanlland
                                01 any existing or p~        boildlng, or sttueturo,
                                (oote: wIlere exlertSlve demolition or new w~dings
       are proposed. twO seporate pion. (en e>dsUng ,lIe plan and p<OPOS«I 51\0
       plan] may bo .pproptlale)
  •    any e>Osting or proposed e.sements on Ute rolevanlland and their
       funcUon
  •    the location and use Of bui1ClirlOSon land adjoining the releva •• land
  •    all vehld<> ac<:ess points and any exislioQ Or proposed ca. parting areas



  •
        on the relevant lend. Car parl<ing spaces fo' pe.sons with disabililies and
        any •• rvlce velliclll access and parking sIlould be clearly rnerl<ed
        for any new wilding on Ihe rnlevantlan<l. th.locatiofl      of reFuse storage
                                                                                                                                     I
  •    th.locatlon
       helghl
                    of 8['Y proposed retairing wall, on tile relev'alland       and their

                                                                                .
                                                                                                                                     I
  •    the location 01 any proposed Iendscaping on the rel!vant land
  •    the location 01 any stoflTlWO'ller detentIon on the relevant land .                                                           j

The Mandatory           supporting          information       is lacking in its requirements                     in regards to the site
plan provided and there is (ack 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.

 When the applica1ion involves new opemtional             work

 Plans sllOl'Iflg \h~ nature. Iooation. fl\Jmber of new on-Site car parking bays,           . 0"Confirmed
 proposed area of new landscaping. proposed type ot new vehicle cross-over
 (nQrl-rosldootlal uses). proposed mro<lmum now venlal"'r      SOlVang
                                                                                             o      Not appll""ble

 atrangament (l\OlI-resldenltal use51 of the proposed new oparallonal work.



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 35m 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                                   pr6posed of 3.6m x 204m to approx.
75m 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 rodes

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 Pl'Irking
  09 Sufficient carpar1<ingis 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 floor 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 sQught for the Drivewa,.s and Carparlling Code are the fo!lO'I\;ng-

 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 safety of pedestrians and cyclists is protected;

 d)    Carparlling 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 smnding, parlling, 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
  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
         0; Sufficient carparking is provided to
         accommodate ttle number and type of vehicles likely
         to be generated by the developm ent 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 dem and periods of uses on
               the site; and
         fl    the  availabilitv of alternative camarkino.
         08 The layout of the 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 Parking areas are located ',\lhere they will not
         unduly conflict with pedestrians and will not
         dominate ttle streetscaoe.
         010 Provision is made for aj"easonable number of
         on site carparking spaces identified and reser .•••
                                                          ed 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 .




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