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PM Submission Object - James & Mary Schofield MCU16/0130

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 III 111                                                        ~!"pr;                t t Count Notibe of Submission under the
 • JIll NOOSA                    COUNCIL                                                                       Sustainable Planning Act 2009



                                                  l
                                                                         _7 MAR 2017
 To ensure your submission is properl made you must ensure that,
 1. be made to the assessment manager             I '-" OJ U I • Li I

 2.      be in writing
 3.      be signed by each person who made the submission unless the submission is made electronically
 4.      state the name and residential or business address of each person who made the submission
 5.      state what aspects of the plan or proposed development your support or oppose and why
 6.      be received by Council during the formal public notification period
 As required by the Sustainable Planning Act, all submissions, including individual details, are published on Council's website and
 therefore will be accessible to internet search engines. All submissions are published, irrespective of whether or not they are properly
 made.

 1. Application

 FileNo
                      details

              !'1ClL-'~Df3"O
 Postai address of Land (as advertised)
 Nature of Proposed Development
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                                                          101       t::U/'''h)''.!OI - NOOS{t
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                                                                                                                                                       ==J     __


 2. Submitter      details
 Full name of Submitter          "T~1"'\C:S'" M~~                A<.\..."'l         1'"'\~    (_          SctioF. E:LJ)                          _
 Postal address              .3 A'bM'RAL.._t'L                   NOoSAvtL<.£
 Suburb                                                                       ~te             ~          0=j)               Postcode      l/- <:;6(,
 Sig~at~re(s)        ~CQ.::\~                           ~_~Lo                                      ~~__                                                        __
(N.B.      ThIS form h~~Slgned          for the convenience of the publIc, and any pe s             S WIshing to lodge a submission are not obliged to use this form


 3. Details of Submission
 I (We), make the following submission:                                                                                                                    ~
        A,-. •.•cX"u'S':;       A -      A-rm-C-Ht..-D                          wE           K.!L.,L.,-/ lS..,n~sE TH-C $u8M.~.s,<orJ I
        FoRb,AA.l)"CD            13.1     NR       ~kf'H        f?;;x;&,s                /::\A-~            d7 . .J. . .2.D' J        Ar->)> 82R WAR.12~i)
      """to '/2u R           Qj;4~c£                  An!-! ,           WILL                 KOS~I-I,q:ht                                                                  I
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        I~       EXU ,1,..;-    (3 -            <OvR       ~        rJ        CQ....Jc   .5?",)S           A-s 10
        APPL..\ c.(>,Tte-l        :s PDv ••••1'> NOT G..E Af PfZw l5'0


Lfif necessary, use separate sheet of paper and attach)




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Council will use any personal information provided for the intended purpose only and for remaining in contact with you. Council is authorised to collect
this information in accordance with the Local Government Act 2009 and other Local Govemment Acts. Your personal information is only accessed by
persons authorised 10 do so. Your personal information is dealt with in accordance with council's privacy policy ..-                                                   _


www.noosa.qld.gov.au                       I   [email protected]                               T 07 5329 6500
PO Box 141 Tewantin Old 4565
                                                                                                  I ABN 97 969 214 121 IBOX: .. ~I...                   R: ~           .. ..1
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Page 2

Council Reference:   MCU1610130




27th February 2017




The Chief Executive Officer
Noosa Council
PO Box 141
TEWANTIN QLD 4565


Attention:    Will Koschade


Dear Sir,

RE:     SUBMISSION TO A DEVELOPMENT APPLICATION
Development    Application for a Material Change of Use of Premises - Retail Business
Types 6 & 7 and Industrial business Type 2 for Premises situated at 101 Eumundi Noosa
Road Noosaville and described as Lot 1 on RP230931: MCU16/0130

This letter comprises a submission to MCU16/0130 relating to the above proposal at 101
Eumundi Noosa Road Noosaville. I wish to object to the application and submit the following
grounds in support of my objection:

     1.    The proposal is in conflict with the outcomes of Noosa Plan specifically the Attached
           Housing zone, as it will negatively impact on the intent of the zone which is to cater for
           residential uses and insufficient grounds have been provided as justification for overriding
           the planning scheme

     2.    The proposal seeks to expand industrial uses on the site which is contrary to the
           Attached Housing zone. The proposed industrial uses are not appropriate for the
           residential area and will have significant impacts on the surrounding area.

     3.    The proposed range of industrial uses will be a disruption to the quiet environment of
           Ecomnoosa to the north which has been lawfully established and has limited impacts on
           the surrounding area.

     4.    Existing lawful use rights protect specific existing uses when zonings have changed as
           part of updates/changes to planning schemes. Generally it is intended that over time
           these existing lawful uses will change to a uses that is more consistent with the existing
           zone. This proposal does not even attempt to change the use to that more compatible
           with the residential zoning rather seeks to intensify industrial uses that do not exist on the
           site.

     5.   The proposal plans do not provide any certainty as to what type of uses or the size of
          business that will occur on the site. The plans and the applicant submission indicates that
          uses on site will range from repairing and servicing vehicles to a Laundromat and picture
          framing. These range of uses are not appropriate for a residential site and area and
          should be relocated to the industrial area.

      6. The applicant contends that the proposal provides more guidance about the uses that are
          allowed on the land, but have been specifically framed around the existing and historic

Page 3

     uses that have and continue to occur. This statement is false as the application seeks
     approval for an existing outdoor display area that was never approved and has no
     existing use rights as detailed in Council correspondence. Further the range of industrial
     uses being sought is to wide for the site.

7.   The range of uses proposed as part of the application are extensive and inappropriate for
     the residential area in which they are contained.

8.   Due to the types of industrial uses proposed for the site a noise report should have been
     provided as part of the application demonstrating the industrial uses will not impact on the
     surrounding area.

g.   The proposal to use the site for as a Retail Business Type 7 Garden and Lifestyle Centre
     is not appropriate as insufficient carparking has been provided on site and no traffic
     report provided assessing the impacts of such a use on the site.

10. The applicant indicates that a coffee shop will be established on site as part of the Retail
    Business Type 7 Garden and Lifestyle Centre and it will be subordinate to the nursery
    use. As detailed previously, a nursery or coffee shop have never been approved for this
    site and this further intensification of retail activities on the site is not appropriate and
    should not be allowed.

11. The applicants consultant argues that a pool shop can be defined as a hardware shop is
    incorrect. A hardware shop is able to sell a wide range of materials and requires different
    whereas a pool shop has a more limited range of goods associated with pools and spas.

12. The proposed pool shop is not a lawful use and should be relocated to an appropriate
    retail or industrial lot.

13. As evidenced by a sign on the front door of the building, the existing pool shop is
    relocating to Selkirk Drive which is a more appropriate site for this type of activity. The
    applicants submission that the application therefore seeks to ratify the existing
    unapproved uses therefore is not totally correct. The applicant is therefore seeking to
    intensify industrial uses on the site not ratify existing uses.

Page 4

   14. The existing entrance is not desirable when considered in conjunction with the number of
       accesses directly to the north. Further the existing exit deposits vehicles directly onto the
       existing pedestrian crossing which is not safe or desirable. As the proposal seeks to
       intensify and change the existing uses on site a traffic report and analysis should have
       provided as part of the application to assess the impacts of the additional traffic from the
       proposed industrial uses. This application fails to improve the vehicular movements from
       the site.




   15. The applicants statement that the 'number of vehicles using both crossovers will not
       substantially change. This is because the scale of the development on the subject land is
       not being altered .... the existing traffic levels for both siles will not materially change' is
       not correct. The applicant is increasing the use of the site though the provision of
       additional uses on site including a garden centre and coffee shop and a range of other
       industrial uses

   16. The applicants traffic and access comments are further flawed as he further states that
       the adjoining land use (Klinge Scaffolding) will not generate high levels of traffic. The
       application does not consider that the adjoining site could at any stage be used for
       residential units and gives no consideration for this possible development. The provision
       of carparking for industrial uses along the rear boundary further erodes the amenity of the
       residential lot to the rear.

   17. The proposal seeks to utilise an existing building that has limited street appeal or
       landscaping to Eumundi Noosa Road. Any change to the development on site should
       attempt to increase landscaping and overall amenity. The proposal is deficient in this
       regard.

   18. The proposal introduces a range of uses that are inappropriate for the current residential
       zoning and character of the area.

   1g. If Council is serious about maintaining the integrity bf the Industrial zoned areas of the
       locality then these uses should be moved out of the residential area to the industrial
       areas


Development Application   MCU16/0130 should be refused for the following reasons:

Page 5

              a.    The proposal does not comply with the Noosa Plan;

              b.    The proposed uses are industrial and commercial        uses which should not be
                    located in a residential zone;

              c.    Insufficient information has been provided in relation to carparking and noise to
                    adequately address the developments' impact on the surrounding area;

              d.    The applicant submission that the uses are existing on the site is not correct and
                    there are significant issues with the proposal plans;

              e.    The range of uses sought as part of the application are too wide ranging and of
                    an industrial nature not suited to the area; and

              f.    The proposal provides    no justification   or community   benefit to override   the
                    planning scheme.




Yours faithfully.




Ralph Rogers
P.O. Box 1313
Noosaville 4566

Page 6

..


     ANNEXURE    B

     A Material Change of Use of Premises will set a precedent for all the land designated "Attached
     Housing" in this area which will down value properties adjoining and surrounding   the Precinct
     together with noise pollution and increased and unnecessary traffic flow.

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