Planning application at 8-10 Marlborough Street Surry Hills NSW 2010

Irena DObrijevich sent a message to Linda Scott.

Linda Scott
Irena DObrijevich
Planning application at 8-10 Marlborough Street Surry Hills NSW 2010
Sept. 11, 2017, 5:53 a.m.
I would like to point out several inconsistencies/omissions/inaccuracies submitted, either being deliberate or accidently, within the DA documentation as well as submitting my objections to the location of the proposed construction of a roller door commercial garbage collection entrance as well as a second service entrance at the most southern end of the narrow and dead-end of Jesson Lane and directly within the tight turning circle into my garage.

Vehicles, such as delivery trucks and vans as well as glass crushers and grease-trap cleaners, servicing these two proposed additional Jesson Lane entrances will immediately block access to three driveways and as there is no parking or loading provisions they will have no option but to park/stop on the road in two NO STOPPING zones. Unlike the loading zone parking available in Marlborough Street, there is no provision for stopping or parking in this dead-end section of Jesson Lane as well as another waste collection and deliveries point being unsustainable for Jesson Lane.

I would like to bring to your attention page four JESSON LANE in the above report. The roadway described as Jesson Lane in this report is incorrect and I believe is deliberately misleading so as to give the inaccurate impression that Jesson Lane is a wide roadway and not the long and narrow laneway it actually is. The description in the report describes the much wider Jesson Street and not the narrow Jesson Lane. It sates:

A local road that runs in an east-west direction from Crown Street in the east before forming a cul-de-sac in the west. Jesson Lane is subject to a 40km/h speed limit in the vicinity of the site and permits traffic flow in both directions. Two hour restricted parking (8am-10pm) is available on the southern side of Jesson Lane.

Jesson Lane is in fact a long narrow 4.5 metre wide laneway running from Jesson Street in the north before forming a non-turning dead-end at its southern end. (it does not run east to west) Although it is not a one-direction lane, there isn’t enough width for two vehicles travelling in opposite directions to pass each other. Therefore when a vehicle enters Jesson Lane and another vehicle is leaving Jesson Lane the vehicle entering Jesson Lane must reverse completely out of the lane and safely back into Jesson Street so as to allow the departing vehicle to pass.

There are eight access driveways along the eastern side into Jesson Lane from properties facing Crown Street and two access driveways at the southern end from properties facing Devonshire Street. In between the driveways on the eastern side there is two hour restricted parking with NO STOPPING along the entire western side which is also along the rear perimeter of 8-12 Marlborough Street. Together with this NO STOPPING zone along the western side, directly opposite the proposed new commercial garbage access roller door and the second services door there is a driveway and entry into a garage and a second NO STOPPING zone along the eastern side. There are also another two more driveways directly adjacent to this proposed new waste collection roller door and delivery access door. Please see picture in Attachment A

Unlike the deliveries and waste collection to the front of this building from Marlborough Street, there is no provision for the delivery vans/trucks, glass crushers and grease-trap cleaners to legally park at this end of Jesson Lane so as to make deliveries or service the rear of this Marlborough Street building.

I would like to bring to your attention that the SERVICING report, as below, omits to mention any servicing of waste removal and provision for the delivery of goods to the rear of the building from access in the very narrow Jesson Lane to the proposed café/restaurant which has been requested in this Development Application. It only reports on the more appropriate access from Marlborough Street as well as the loading zone parking areas located in Marlborough Street which deflects all the attention away from JessonLane waste collection and deliveries.
• Please see FORM 2 in the WASTE MANAGEMENT document submitted by MASQ Waste Management.
• Together with this please see the plans on pages 15-17 in the TRAFFIX report where two large waste removal bins sit in a waste alcove behind the new proposed roller door which is adjacent to a large goods storage area and both open up onto Jesson Lane. Because the floor level is a different at the rear of the building to the front of the building they will require servicing from Jesson Lane – not Marlborough Street. Please see in the below report, which only mentions WASTE collection and Servicing from Marlborough Street, with the Jesson Lane waste collection and servicing being omitted from the report although it is included in the plans and a commercial garbage access roller door and a services door is requested in this DA.

Garbage collection for the ….?what?? (this word has been either deliberately or accidently omitted) will be undertaken from the Marlborough Street kerbside. This arrangement reflects the existing method of servicing and is considered acceptable.

Loading for the development is to remain as existing with loading undertaken from the loading bay provided along the site frontage on Marlborough Street. Deliveries related to the retail and commercial uses are expected to be minimal due to the modest size of the tenancy.

The loading bay signposted hours of 8am to 6pm weekdays and 8am to 12noon Saturday will be sufficient for the predicted use and the loading bay size can accommodate up to a B99 van. In this regard, the loading zone provided is considered suitable to continue to meet the servicing requirements of the site.

Please note that there has been a word deliberately or accidently omitted from the above SERVICING report ie, collection for the ??? will be undertaken from Marlborough Street….with no mention of the Jesson Lane garbage facility nor for vehicle deliveries and pick-ups or glass crushing and grease-trap cleaning. Likewise the above underlined sentence referring to the modest size of the tenancy for the retail and commercial uses does not mention Jesson Lane as a SERVICING site for this tenancy. Attention is totally focused on Marlborough Street, to which I have no objection at all. What I object to is the commercial garbage bins that will be left on the street right in the turning circle into my garage and blocking entrance into my and another two other car spaces as well as the service vehicles illegally parking on the road in a NO STOPPING zone and again blocking entrance into my car space and the other two car spaces as shown in Attachment A.

The entire western side of Jesson Lane, which borders the Marlborough Street property, is a NO STOPPING zone so as not to obstruct access into driveways of the properties on the eastern side.

Commercial garbage collection and regular daily servicing for a retail outlet at this Jesson Ln proposed location, is extremely inappropriate for Jesson Ln, as Jesson Ln is too narrow, there is no parking this end and as both sides of this section of the lane are a NO STOPPING area. Traffic and commercial bins will directly obstruct access to three driveways and the noise generated daily by garbage trucks will adversely affect 11 residential properties in direct and close vicinity to the proposed waste and services area.

I bring your attention to Council’s WASTE POLICY (October 2013) Page 19
… bins must not impede vehicle access to neigbouring premises…..
Please see pictures taken in Jesson Lane last week on the evening of 6 and 8 September showing how commercial bins and bags of rubbish are left for collection on the road. (see Attachment B) Approving another commercial bin collection site, especially on the opposite side of Jesson Lane, will exacerbate an already out of control situation where there is little existing infrastructure for waste collection and deliveries to the current cafes. Because council’s regulations are virtually impossible to enforce approving this will further fan an already hostile situation between commercial outlets and residents.

At 4.5 meters wide, Jesson Lane is a very narrow one lane access road. Allowing a minimum of 2.2 meters for cars parked along the eastern side there is little room left for large trucks and vans to negotiate the long laneway required to reach their destination. Compounding this issue is the fact that there is NO TURNING CIRCLE at the end of the lane where the proposed new roller door entrance and service doors are planned. This means that all vehicles, large and small, having driven in, need to then either reverse all the way back along the long narrow lane to get out or vice-a-versa and that is, to reverse into and all along to the end of the long narrow lane and then drive out when leaving. This will need to happen for all deliveries and waste removal which will be on going each and every day. This becomes even more hazardous when a second vehicle enters the lane and needs to access one of the properties. During the day traffic becomes chaotic and is a major safety hazard. Adding to this dangerous practice is the fact that once the delivery destination has been reached there is absolutely nowhere to legally park or stop. At times it all becomes quite chaotic.

TRAFFIX report – ATTACHMENTS pages 15 & 17
The Traffix Report Attachments 2 & 3 in this DA both clearly illustrate that there are two large commercial garbage bins behind a wide roller door as well as a service door both opening onto Jesson Lane. The servicing of this facility has been omitted in all the submitted reports by TRAFFIX.

Also the building diagram has been cropped so that the three driveways directly affected, that is, the one opposite and the two adjacent driveways, are not included in the drawings. Also there is no mention that this section of Jesson Lane is a NO STOPPING zone on both sides of the lane.

Commercial garbage collection and regular daily servicing from at this end of Jesson Lane is extremely inappropriate, (unlike from Marlborough Street which has been thoroughly covered in all the reports for this DA).

Because Jesson Lane is so narrow and because there is no legal parking/stopping at this end of the lane, as both sides of lane are a NO STOPPING area, a service and garbage area at this end of the building, will directly obstruct access to three driveways and the noise generated will adversely affect 11 residential properties in direct and close vicinity to the proposed waste and services area.

Like other commercial bin collections, the bins are taken out of their storage area for collection and are often not brought back in but remain on the road indefinitely. Although this is contrary to council’s regulations and it is also contrary to council’s policy of, bins’ must not impede vehicle access to neigbouring properties, all the commercial bins left on the road in this instance will most definitely impede access to three neighbouring driveways.

Over the past years, please refer to council records correspondence/emails between myself and council as well as the Lord Mayor Clover Moore as far back as 2010, (Attachment C), there have been continual complaints to council about commercial garbage bins and other refuse left on the road in Jesson Lane 24/7. Unlike in this application, the rear of the cafés back onto the eastern side of the Jesson Lane, not the western, however until 2015, these commercial bins were being stored on the western footpath alongside this current development site, as what is proposed in this DA. In 2015 this practice reached a crisis level, and eventually council forced the Crown Street cafes to remove all the bins being stored on the western side footpath and move them into their own driveways at the rear of their own properties on the eastern side thus clearing all commercial bins from being stored on the footpath along the western side of Jesson Lane. Ideally they should be stored inside on their own property and not left on public property but I have been told that this cannot be enforced by council. The removal of the commercial bins from the western footpath also allowed a clearer traffic flow along Jesson Lane without vehicles having to stop to pick up boxes and other refuse that has fallen from the footpath onto the road before being able to proceed.

Please see pictures sent to council taken in 2015 of what the western footpath looked like in 2015, Attachment D.

These commercial garbage bins and their associated refuse were not only an eyesore and health hazard as well as attracting rats and other vermin, but also obstructed traffic driving along the narrow laneway. Please note that although the wheels of very large commercial bins, (as seen in the TRAFFIX Report picture on page 13), just fit onto the footpath, the bins are wider at the top than the bottom and the perimeter of the top of the bin actually overhangs the footpath over the road which obstructs the road having caused cars to sideswipe the bins, especially if they do not fold-in their reversing mirrors. Must we need to do this every time we drive along Jesson Lane?

Together with my correspondence with council in February/March 2010, and again with Kenneth Wagstaff in June 2015, I refer you to correspondence during April and May 2017 between myself and council regarding the consistent illegal serial parking/stopping in No Stopping areas and the blocking of the entrance to Jesson Lane by delivery vans and trucks servicing the Crown Street cafes and boutiques which back onto Jesson Lane. Please see letter from Lord Mayor, Clover Moore, (Attachment E) Also please refer to council record emails between myself and Eoin Cunningham and Lara Davies, (if required I have copies). Also please see Attachment F, which is a schedule of the Jesson Lane traffic violations all occurring during the one day on 20 January 2017.

To further illustrate the current traffic chaos and traffic violations in Jesson Lane, please see the 52 minute film clip, (sent to the Mayor and the council), filmed on Friday 20 January 2017 which documents illegal parking and general road chaos from illegal parking and stopping during one day by delivery vans/trucks and other services;

Council approving another two service accesses on the opposite side of all the current driveways in Jesson Lane will further escalate an already unsustainable and hostile situation. Unfortunately patrolling the NO STOPPING zones is difficult and each day the perpetrators escape without penalties at the detriment, inconvenience, and annoyance, of local residents’ by serial blocking of vehicle access to our own properties.

Please do not approve more commercial waste collection and servicing facilities in Jesson Lane, especially along the western side and especially as Marlborough Street has been and still is an ideal access point for the retail/cafe component of this DA.

NOISE EMMISSION ASSESMENT report by Acoustic Logic
Please note ITEM 2, page 5 states:

Nearest residential receivers are located to the east of the development, across Jesson Lane, approximately 8 metres from the site boundary.

This is incorrect as there is also a row of seven residential terraces to the south facing Devonshire Street, these are 252, 254, 256, 258, 260, 262 & 264 that are in direct vicinity to the development. Residents from 256 and 258 can hear the live theatrical rehearsals taking place on the first floor of this non soundproof Marlborough Street Warehouse.

In this instance the issue with the noise is not to a great extent the ‘level’ of noise but what the noise is, and that is real people screaming and shouting loudly at each other most days of the week. This has not been included in this NOISE EMMISSION ASSESMENT Unlike a loud jack hammer, or even a siren, it has been proven that hearing this type of repeated ‘human’ shouting and screaming evokes a ‘flight or fight’ response which releases adrenalin which is responsible for causing anxiety and stress and other ongoing health issues.

Although the Noise Assessment states that; No public live performances will take place in this space, it is the loud live screaming and shouting during live REHEARSALS that are intrusive, offensive and a health hazard. I believe the live rehearsals are more offensive than a polished live performance.

I bring your attention to council files of correspondence between myself and Alicia Brogan during April 2016 in regard to installing adequate soundproofing for this live Theatrical Rehearsal Space as well the resulting AMENDMENT dated 14 November 2016 to D/2015/852/A from Senior Planner, David Reynolds to Namala Pty Ltd as it relates to NOISE Item (5) Page 4 with special attention to Item (6) COMPLIANCE WITH ACOUSTIC REPORT PRIOR TO CONSTRUCTION AND OCCUPATION CERTIFICATES as well as Item (7) DOORS AND WINDOWS. Also please see; (page 9) SCHEDULE 2, PRESCRIBED CONDITIONS Clause 98C Conditions relating to entertainment venues (which also covers rehearsal spaces). (Attachment G).

As this building, in its current state as a non-soundproof warehouse with uninsulated wooden floors, bare walls and thin windows, is located amongst eleven residential properties to the east and south, soundproofing is essential for the live theatrical rehearsal space.

I therefore request that like all live theatrical rehearsal spaces, in this instance you please ensure that, purpose built soundproofing be installed in all the designated live rehearsal spaces

Secondly there is the issue of the noise generated by the waste removal trucks, glass crusher and grease trap cleaning servicing the proposed new garbage roller and second service doors at this dead-end of Jesson Lane. The noise generated will impact all the residence residing in the immediate vicinity the new doorway and roller door. This has also been omitted in all the reports that have been submitted in this Development Application.

As previously stated there are eleven residential terraces backing onto and in the immediate vicinity of Jesson Lane. All these terraces have bedrooms at the rear of their properties which face Jesson Lane. The residential Crown Street properties directly affected are 491, 493, 495, and 497, with the residential properties and not included in the NOISE EMMISSION ASSESSMENT report, on Devonshire Street being 252, 254, 256,258, 260, 262, and 264.

Further to this I bring to your attention a news article titled FROM RUBBISH TO RUIN, Nightly noise delivers 500 complaints, published by the CENTRAL newspaper on September 9, 2015, page 11 which states that, Sydney residents are subjected to noise from private garbage operators and businesses who leave their bins out on the street for fear of missing their collection.

It is a certainty that if a commercial waste access entry is approved for the western side at the dead-end of Jesson Lane the large commercial garbage bins, as illustrated in the DA on pages 15-17 in the TRAFFIX report, belonging to the Marlborough Street retail/café space, will be left on the footpath and on the road for collection and may never be kept in their storage bay as shown in diagram of the submitted TRAFFIX report.

Unfortunately, and like with all the other cafés backing onto Jesson Lane, once they are there, council will not be able to enforce any penalties or have the bins removed from the road.

This statement is reinforced by the two pictures taken on 3 September 2017 (see Attachment H) which shows the large commercial bin currently belonging to 8-12 Marlborough Street, residing outside their building on a public footpath next to their large roller door entrance situated in the vicinity to the entrance of a childcare centre. It has been left there for at least 12 months and during this time it has never been stored inside the premises but left at the front of their property on the wide Marlborough Street footpath which is much wider than the footpath in Jesson Lane. I believe this clearly demonstrates the owner’s lack of commitment, concern and care in doing the right thing. I am positive this large commercial bin is not emptied every day and therefore should not be stored on a public footpath 24/7.

This proposed new commercial garbage collection roller door and service door for location in Jesson Lane will obstruct entry into my garage because the commercial garbage bins and servicing vehicles will block the turning circle I require to enter and exit my garage as well as directly obstructing entry into the two other car spaces at 258 & 256 Devonshire Streets.

I personally and vehemently object to the construction of a roller door for waste removal and access door for deliveries and staff etc., firstly, because my driveway is directly opposite the proposed waste collection roller door and service entry and it will block my right to clear access to my car space by large bins left on the footpath and roadway. Secondly, because delivery trucks and vans illegally parking across my driveway will severely impact upon my right to have clear access to my property which will cause me much undue stress, frustration and be immensely inconvenient when I am not able to drive my car into or out of my garage.

I cannot and do not expect to have to move large commercial garbage bins off the road and out of the way just so I can drive in and out of my garage. Likewise I do not have the physical strength to move them out of the way especially if they are full of refuse.

I request that all waste collection and delivery services, including the ones planned from Jesson Lane in this development application, be made from the much wider Marlborough Street where there is ample parking provision in loading zones and the noise will not affect any residents.

Although I understand the desire for City of Sydney Council to support the growth of small business, however, this must accompany adequate infrastructure, such as the proper planning for acceptable and suitable provision for waste removal and loading zone parking for deliveries.

It must not penalise or be at the expense and detriment of long-time local residents or the aesthetics of this Surry Hills back Lane which, with its current littering of commercial garbage bins and associated refuse is no longer sustainable, attracts vermin, is a health hazard and has become an eyesore.

I therefore request that the roller door access for waste as well as the services entry door at this proposed location in Jesson Lane not be approved and that these two entry facilities servicing the retail/café/restaurant be located at the more appropriate Marlborough Street side of the building and that adequate soundproofing be installed in the live theatrical rehearsal areas.

In closing I request a Jesson Lane site inspection/meeting at your earliest convenience.
To date supporting this objection are:
Owner from 258 Devonshire Street, Surry Hills
Owner from 493 Crown Street, Surry Hills
256 Devonshire Street has recently been sold and is in between owners with the new owner’s settlement scheduled for Friday 15 September 2017.

From Irena DObrijevich to local councillor Linda Scott


Irena DObrijevich posted this message to you on PlanningAlerts in response to the following planning application.

Your reply, and any other response to this email, will be sent to Irena DObrijevich and posted on the PlanningAlerts website publicly.

Planning Application for 8-10 Marlborough Street Surry Hills NSW 2010

Description: Alterations and additions to an existing warehouse building. Proposed works involve: Ground level - new foyer, toilets, waste areas and parking area changes, new cafe premises (use subject to future application), new door to access Jesson Lane; Level 1 - new caretaker's dwelling, new walls to existing theatre rehearsal spaces, new toilets; Level 2 - new 2-bedroom dwelling with outdoor private open space and plant services room. External changes to Marlborough Street include new window and door openings, some existing openings filled in. And a new extended planter box at Level 2. External changes to Jesson Lane include some changes to existing windows and door openings.

Read more and see what others have to say here:

Best wishes,


Future replies will be published here.