The government changed planning legislation to allow it to bypass council approval when installing Return and Earn machines.
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The same legislative amendment also means the government doesn't have to notify neighbours of their plans.
The issue arose after Benita Andrews complained to Wollongong City Council about a Return and Earn reverse vending machine being located along the fence line of her husband’s business.
She discovered that council’s hands were tied.
A council spokesman confirmed this to the Mercury in a statement.
“To facilitate the installation of the reverse vending machines, the NSW Department of Planning and Environment made changes to the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 to permit reverse vending machines to be installed without Council approval or neighbour notification,” the council spokesman said.
The legislation in question allows for building additions to be carried out without the need to get development approval.
Much of the legislation deals with changes to private homes, such as the installation of TV aerials and airconditioning units and the building of outdoor barbecues.
But it also covers charity clothing bins and the location of ATMs.
A spokeswoman from the Environment Protection Authority said the policy was amended in July last year “to allow low-impact recycling equipment and facilities to be installed”.
The machines have created issues for nearby residents who complain of the noise from bottles and cans being dropped off and collected.
There have also been complaints about ineligible bottles and cans being left lying around the machines.
The legislation allows the reverse vending machines to be exempt from council approval if it is being installed on a community or education facility “or any other building or place used for the physical, social, cultural or intellectual development or welfare of the community”.
There are also noise restrictions that state the machine cannot emit noise that can be heard within neighbouring properties.
“Noise, visual amenity and boundary distances were specifically contemplated in developing these standards, and limits are prescribed in the [planning policy] and the design guide which describes how these development standards must be implemented,” the spokeswoman said.
She said network operator Tomra Cleanaway was responsible for selecting sites.
Any concerns about the location of a reverse vending machine should be directed to Tomra Cleanaway on 1800 290 691 or through the Return and Earn website (returnandearn.org.au).