MCU14/0087 Notice of Submission - Daniel Dron

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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 detail~ 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 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.

          I General   explanalion   01 the      Planning   schorne            No. 01dwelliog unllS      Days and          No. of
          I proposed use                        defin~iOl1(include eacl1
                                                definition in a new 1"fJW)
                                                                              (if applicable) or
                                                                              gross floor area (if
                                                                                                        hOllIS of
                                                                                                        operation
                                                                                                                          employees
                                                                                                                          (if appicahle)
          ,                                     (noo-mandala<y)               applicahle)               (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.     Confirm that the following "mandalory supporting       information   aceoinpanies       IhlS application

  Mandatory supporting      inlonmmon                                                    COnfirmallon    01     Method of
                                                                                         lodgement              lodgOlllenl

  AU applications
  A >it. pran d,awn to an appropriate seale (l:tOO. 1:200 or 1:500 are                   g.c"nftnned
  recommended scalesl ,1Il1ith shows the follOwing:
  •    the IOCOlionand .K. area of the nd to which the application relates
       (reO>vantland)
  •    Ihe north point
  •    Ihe boundaries of the relevanlland
  •    any road frontages of the relevant land. Including the name of the mad
       \heloeotion and use of any existing or proposecl buildings or stnlClures
  •    on the relevant land (nOlO:where extensive demollVen or new buldings
        ara proposed. lwo separate p1MS (an existing site plan and propo$$d >ita
       plan) may be appropri.le)
  •     any existing or proposed easements on tho relov'nlland and their
        IW'letlon
  •    the 100000ion  and use 01 buildings on land adjoining the relevaOlland
  •     all vehicle llCC<lSSpoints and any existing or proposed ea, par1dng ateas
        on the relevanlland. Car par1dng spat03 10' person. with disabilities end
        any service vehicle aa:ess and parking should be cleerty marl<ed
                                                                                                                                  I
  •     fewany new building on Ihe relevant land, the location 01 refuse .s1crage                                                 I
  •    lhe location of "flY proposed retairing walls ootM •.••ev.nt land and thel,
        height
  •     lhe '"""lion of any proposecllandscaping on the reI~vantlanil    .
  •    tl1elocallon of any stonnwa er detention on the relevant land .



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.

I When U1eapplication involves new opern.tlonal work

 Plans snowing th~ nature.locaUon. number 01 new Oflo:;;t. eer parl<i"ll bays.       .l2rconfinned
 proposed area of new Iaooscaping. proposed type at new vehlcl~ cross-over
 (noo-reSident"'l uses). proposed maximum new vehlaJiar "Nang
                                                                                      o    Not applicable

 arrangoment (non-rosldenllal uses) 01the proposed new operational 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 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 SAm (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

      Gar Parking
      09 Sufficient carpar1<ingis available to               59.1 Off street carparking is provided at a
      accommodate the number and type of vehicles            rate of .1space per 20m' of gross floor area;
      likelv to be Qeneratedbv 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 Driveways and Carparlting Code are the follO'Aing-

     a)   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 be safe
          and functional and meet the reasonable requirements of the particular land use;

     e)   Adequate provision is made for the standing, parting, loading and unloading, access and
          manoeuvring of service vehicles within the development site;


    The application faiis 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, capa city 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
     07 Sufficient carpar1o;ingis provided to
    accommodate ttle 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:,iilable on the site;
    c}    hours of operation;
    d)    likely numbers of users;
    e)    the peak par1o;ingdemand periods of uses on
          the site; and
    f)    the availabilitv of alternative camarkino.
    08      The layout of ttle development provides
    adequate, clearly defined and easily accessible-
    a)    on-site vehicle parning and manoeuvring
          areas; and
    b)    loading and manoeu','ring areas for delivery
          and service vehicles




    09 Parking areas are located where they wi!1not
    unGuly conflict with pedestrians and will not
    dominate the streetscaoe.
    010 Provision is made for aj'easonable number of
    on site carparning 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.