Container Deposit Scheme Infrastructure
Consultation has concluded
Planning and Development Act 2005
Town Planning Scheme Amendment
Local Planning Scheme No.3:- Local Planning Policy 6.16 - 'Container Deposit Scheme Infrastructure'
The Government of Western Australia is introducing a Container Deposit Scheme that is anticipated to be introduced by June 2020. The Scheme plans for container deposit refund points which are to be operated by community groups and social enterprises.
In anticipation of this Scheme, the City of Stirling has prepared a draft Local Planning Policy to control where container deposit refund points and infrastructure can be located without requiring development approval.
The draft Local Planning Policy is called ‘Local Planning Policy 6.16 - Container Deposit Scheme Infrastructure’, and at its meeting on 27 August 2019, Council considered the draft Policy and resolved to advertise the draft Policy for public comment.
Information on the Container Deposit Scheme can be found on the Department of Water and Environmental Regulation website.
Where can I find more information about the draft policy?
The draft Policy documentation provides further explanation of what the City is proposing, which is located in the Document Library.
Alternatively, a copy is available for viewing during business hours (8.30am - 5.00pm, Monday to Friday) at the City of Stirling Main Administration Building located at 25 Cedric Street, Stirling.
How do I lodge a submission?
Online, using the submission form below:
- By emailing firstname.lastname@example.org, quoting reference: Local Planning Policy 6.16
- By post Chief Executive Officer C/- City Planning, City of Stirling, 25 Cedric Street, Stirling WA 6021 quoting reference: Local Planning Policy 6.16.
Submissions must be received by 5.00pm, Thursday, 12 December 2019. Please ensure that your name and address is provided on your submission to enable it to be considered.
Should you have any queries, please contact the City Planning Business Unit on (08) 9205 8555.
What is a Local Planning Policy and what does it do?
Local planning policies are prepared by the City to provide additional information about the position the City will take on certain planning matters.
Local planning policies are not part of the City’s Local Planning Scheme No.3, but are recognised as one of the matters to be given due regard in the relevant authority’s consideration of applications for development approval. As such, a local planning policy cannot impose any mandatory requirement upon development, but may provide guidance on the way in which proposals will be assessed and determined by the City.
There is no requirement for Western Australian Planning Commission review or endorsement of a Local Planning Policy, however, a local planning policy should be consistent with the intent of provisions of the City’s Local Planning Scheme No.3 and any relevant State Planning Policy.
What is the Container Deposit Scheme?
The State Government is implementing a container deposit scheme to help address the amount of litter and encourage a recycling culture. Through the introduction of this container deposit scheme, the State Government’s objective is to achieve greater environmental outcomes, create employment and build businesses, and enable charities and community organisations to raise money to fund their community work.
The container deposit scheme will be aligned with those in other Australian jurisdictions - providing a 10 cent refund for all eligible beverage containers. The container deposit scheme works by charging a small additional cost to consumers which can be recouped when containers are disposed of through collection points.
A key element of the State Government’s approach to Container Deposit Scheme Infrastructure is to enable them to be operated with a minimum of regulation.
It is anticipated that the container deposit scheme will be introduced in June 2020. The scheme will require eligible containers to display an approved refund mark to advise consumers they can be exchanged for a refund.
What are Container Deposit Scheme Infrastructure?
Container Deposit Scheme Infrastructure are the locations of infrastructures where containers can be returned, and are categorised as:
- Container collection cages
- In shop / over-the-counter / bag drop return point
- Reverse vending machines
- Container deposit recycling centres
- Large-scale facilities.
What is the purpose of this draft Local Planning Policy?
In May 2019 the Western Australian Planning Commission (WAPC) released a Position Statement - Container Deposit Scheme Infrastructure, which included a model local planning policy that could be used by local councils, which identified when Container Deposit Schemes Infrastructure can be operated without the need for development approval.
To allow Container Deposit Scheme Infrastructure to be provided, a draft Local Planning Policy has been prepared that is specific to the City.
What does this draft Policy apply to?
Container collection cages
These cages will generally be donation points, rather than refund points. They may be located in association with schools, sporting or other clubs, or not-for-profit organisations. Individuals will deposit the containers into the collection cages and the receiving organisation will arrange collection of the containers to receive the refund as a donation to their organisation.
In shop / over-the-counter / bag drop return points
This is where participants can deposit individual containers or bags of containers to a retailer, with a refund given to the participant.
Reverse vending machines
These are permanently-located, unattended facilities that accept the return of empty beverage containers in exchange for a refund. Reverse vending machines come in various shapes and sizes. Small reverse vending machines are similar in size to traditional food and drink vending machines, and can be located in shopping centres, train stations or other public places where people are likely to return one or two containers at a time. Large reverse vending machines are generally mounted onto a storage structure similar to a sea container. These machines allow for a greater volume of returns and it is likely that participants would travel to these sites with a variety of eligible containers.
What are the policy requirements?
The Policy allows Container Deposit Scheme Infrastructures to be erected in most areas of the City except for land that is zoned Residential.
Key provisions of the Policy include:
- Container Deposit Scheme Infrastructures must not:
- Be erected within 10 metres of an adjoining lot that accommodates a residential use
- Restrict any vehicular or pedestrian access
- Obstruct the operation of, or access to, any utility services on the land
- Be erected within two (2) metres of any road reserve or right-of-way intersection or crossover
- Reduce existing car park sightlines, aisle widths and manoeuvring spaces
- Result in the removal of any vegetation, landscaping or street tree
- Display any advertising signage other than promotional or brand signage related to the operation of the infrastructure
- Affect the amenity of the locality
- Emit noise at a level which exceeds any requirement(s) under the Noise Regulations.
- Container Deposit Scheme Infrastructures must:
- Be constructed and clad with low-reflective, graffiti-resistant materials
- Be consistent in colour and finish to that of nearby existing buildings
- Provide bins for the removal of waste or recyclable materials not accepted by the infrastructure if the infrastructure exceeds a development footprint of 10 square metres
- Only operate within certain days and times
- Be provided with adequate lighting
- Be accessible to any person with a disability
- Comply with the development footprint and dimensions specified in the Policy.
Why has the Council decided to advertise this Policy?
Council considered the draft Policy on 27 August 2019 and resolved to advertise the draft Policy for public comment. For this reason, the City is now advertising the draft Policy for public comment (notice in the local papers as attached).
How is a Policy processed?
When a draft Policy is presented to Council, Council has to decide whether to advertise it for public comment or not proceed.
If Council decides to advertise a draft Policy, the City will consult on the proposal with local community groups, public authorities and any affected owners/occupiers if appropriate. A Local Planning Policy (new or modified) is to be advertised for not less than 21 days in accordance with the City’s Planning Consultation Procedure.
When advertising has closed, Council has to consider any comments received and make a recommendation to proceed with the Policy (with or without further changes) or not proceed with the Policy. If the changes Council propose to the Policy are significant, the Policy may be readvertised for further comment.
If Council decide to proceed with the draft Policy (with or without further changes), the draft Policy will come into effect once a notice is published in the local papers.
The City is keen to hear the views of all residents in the area, and wants the community to be able to freely express its views on the proposal.
However, when Council considers the comments received, it must consider the planning merits of the proposal, and the planning issues that have been raised during public consultation. The City asks that comments be limited to those directly related to the planning merits or impacts of the proposed Policy. Examples of the issues that can be considered valid planning considerations include:
- The requirements of orderly and proper planning including consistency with the objectives set out in the City’s Local Planning Scheme No.3, and any relevant State Planning Policy
- The compatibility of the development with its setting including the relationship of the development to development on adjoining land or on other land in the locality including, but not limited to, the likely effect of the height, bulk, scale, orientation and appearance of the development
- The amenity of the locality including those factors which combine to form the character of an area and include the present and likely future amenity
- The amount of traffic likely to be generated by future development, particularly in relation to the capacity of the road system in the locality and the probable effect on traffic flow and safety
- The impact of the development on the community as a whole notwithstanding the impact of the development on particular individuals
The City’s officers must balance the comments received with an assessment of the likely impacts of the proposal, and must be satisfied that there is a factual or realistic basis to the opinions expressed on a proposal.
Matters that cannot be considered valid planning reasons for objecting to a proposal include:
- Perceived loss of property value
- Private disputes between neighbours including access and egress and easements
- Impact of construction work
- Trade competition concerns (in most circumstances)
- Matters that is controlled under other legislation.
What happens once Council makes a decision on the draft Policy?
Following advertising of the draft Policy, the City’s officers will review all of the comments that we receive and will prepare a report to Council on the outcomes of the advertising.
Council must then make a decision to proceed with the draft Policy, proceed with the draft Policy with further changes (if these changes are significant the Policy may be readvertised for further comment), or not proceed with the draft Policy.
If Council decide to proceed with the draft Policy or proceed with further changes, the draft Policy will come into effect once a notice is published in the local papers. Those who have made a submission will be notified in writing of Council’s decision and what date the draft Policy came into effect.
Community consultation commences
Thursday 21 November 2019
Community consultation concludes
Thursday, 12 December 2019
Officer reviews comments received
Council considers outcomes of advertising
Local Planning Policy 6.16 comes into effect (if endorsed)
For more information, contact City Planning on (08) 9205 8555.