PlanningAlerts

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1. My wife and I object to this application based on the following:

   1 Weddings are being conducted on the premises even though the application to council for such activities was withdraw. This demonstrates a clear disregard for council approvals and for respect and consideration of neighbours.

   2 The application does not meet the home based business based on:

   2.1 It does not meet criteria for hours of operation ie. not on Sundays or public holidays etc.

   2.2 It convenes the criteria of clients on premises at any one time ie. two clients at any one time and no more than 8 per day

   2.3 Parking for clients and guests ( supposedly up to 10) would immediately impact on neighbours through unsealed surfaces, undefined parking areas, dust and noise impact, experienced when illegal trading has already been been conducted

   2.4 Photographic backdrops have been installed but no provision of established trees for the mitigation of intrusion by activities to be conducted under this application, raising serious doubts over the sincerity of the applicant to conform to council requirements.

2. 6th October 2015

   The Assessment Manager,
   Fraser Coast Regional Council,
   PO Box 1943,
   Hervey Bay QLD 4655

   We wish to object to the development application before council. Material change of Use – (Home based business - Photographic Location Service). 58B Waterview Dve, Dundowran Beach QLD 4655.

   Having read the development application we would like to draw your attention to the following facts.
   Our major concerns are: -
   1) It is clearly in breach of PO2 that states “No more than 2 customers or clients are present at any one time and no more than 8 customers or clients are present in any one day.” The application clearly states that group-wedding photographs will likely attract larger numbers of up to 10 guests, with the opportunity for multiple sessions to be held each day between the hours of 8am and 6pm.
   2) It does not comply with hours of operation PO4 - AO4 which states “ Not at all on Sunday’s or public holidays.” The application states that: - “Most demand will be expected to be on weekends.” Clearly, this application does not comply with the requirements for a small home business and therefore not suitable for a low-density residential area.
   3) Parking will be adjacent to the back of our house and is in breach of PO16. At present the proposal is to leave the area as it is – poorly grassed. This could well become a dust bowl over time, particularly during dry weather, with dust blowing into our yard, dirtying our house, dirtying washing and dirtying our swimming pool. We note that on (1.3 paragraph 5) “Parking will be provided with a dust free surface.” Clearly grass or gravel are not dust free.
   4) Our privacy, peace and serenity will be impacted by the noise of vehicles coming and going, doors opening and closing and guests mingling in the car parking area. Our yard is clearly visible from both the proposed parking area and the rose gardens. Whilst trees have been proposed as a screen this is not more than a token gesture from the developer. They would take some time to grow and would have little impact on reducing the noise that clearly is expected. We find this solution completely unsatisfactory. In addition, a wedding ceremony that was held there on 26th September confirmed our concerns, with guests parking right on our back fence-line seeking shade from the trees, rather than parking in the centre of the block.
   5) It is quite likely that some patrons will park in Winston Court and walk through to the venue along our side fence or park in Azure Court below. There is no fence preventing this.
   6) We are concerned also about reverse amenity. We have two dogs which are likely to bark with the noise and disturbance created by numerous cars and people coming and going. Our shed also backs on close to the proposed site, at times the radio is playing, motor bikes are serviced in the shed, power tools and garden tools used in the yard, all of which may impact on the “photographic sessions” and we are genuinely concerned that our normal weekend activities could ruin somebodies day.
   7) No toilet facilities are available.
   8) We believe that the change of zoning would set a precedent for future commercial development. We believe it is possible that any future plans to add a venue to hold wedding ceremonies would be easier to pass through council, once the change from Low Density Residential to the proposed zoning was in place.
   9) Finally, whilst this has been proposed as a home business proposal, it is clearly a much larger scale commercial venture. The owners have already conducted several weddings, advertised on a website, in Wedding Magazines and through a dedicated Facebook site. Although they have changed their application, the intention to run a business to cater for weddings remains unchanged. A sign displaying Bumble Bee Gardens has already been erected at the front of the property.
   10) We urge council to refuse approval of this undesirable development, protect the interest of its constituents and ensure that the neighbourhood of Dundowran Beach remains the quiet, safe and highly sort after residential address that it currently is. Clearly this development does not have the local residential amenity that is required for a home business proposal.
   Should, however, this proposal be approved then I seek council support to impose the following management conditions: -
   • The proposed car park is moved to the opposite side of the property, away from our fence line.
   • The surface of the car park and access easement is truly non-dust emitting and quiet – that being concrete or bitumen.
   • Suitable storm-water drainage plans be submitted and examined for approval once the access easement and car-parking surface has been confirmed.
   • Acoustic fencing be erected along my back fence line and those of other adjoining properties to mitigate noise both from the proposed development site and from adjoining properties to the photographic site. This is also required to ensure visual privacy to adjoining properties and prevent wedding guests accessing the site from Winston Court and Azure Court.
   • No business to be conducted on Sundays or public holidays.
   • Hours of operation to be strictly 9am – 5pm.
   • The number of photographic sessions is limited to no more than 40 in a given year.
   • Maximum customers are limited to 2 at any one time and no more than 8 in any one-day.

   Furthermore, we again wish to draw attention to the fact that a home business already appears to be operating from this residence without council approval. Clearly the occupants have little regard for council regulations. We are concerned that any approval would require constant supervision to ensure that they comply with any restrictions imposed by council.

   Yours sincerely,

   Kim Burns-Atkinson & Craig Atkinson

3. We object to the application as it stands due to the failure to properly address:

   * parking, noise, privacy, drainage,traffic, dust and intrusion concerns with neighboring properties.
   * the criteria pertaining to the operating of a home based business in terms of hours of operation; client numbers; Sunday and public holiday operation.
   * The simple fact that such approval will change the low density residential nature of Dundowran Beach and have consequent negative impact upon the quiet and safe environment- the major reason for our choosing to build in this area.
   * the reaction to previous concerns and council meeting discussions to a prior application by the occupants was for them to apparently totally ignore both and to proceed with unauthorized ceremonies on the site. This indicates an arrogance and flagrant disregard for legal protocols hardly likely to instill confidence that this photographic application is not merely the first step in a larger ceremony business plan.
   * the breaching of council regulations for the operation of such a business- so that the applicants are asking to change residential zoning status to our area and also to change the rules under which this business will then operate.
   

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